Section 3a.100. Appeals

(a) A person aggrieved by a notice of deficiency or a notice to discontinue operation may appeal the order to the Industrial Board within 30 days of the issuance of the order.

(b) The Industrial Board will decide petitions for variances and extensions of time, and appeals of Department decisions.

(c) The Board may consider the following factors, among others, when reviewing and ruling upon a request for an extension of time or a variance or other appropriate relief:

(1) The reasonableness of the Department’s rules and regulations as applied in the specific case.

(2) The extent to which an extension of time or a variance will subject occupants to unsafe conditions.

(3) The availability of professional or technical personnel needed to come into compliance.

(4) The availability of materials and equipment needed to come into compliance.

(5) The efforts being made to safeguard occupants against boiler and unfired pressure vessel hazards.

(6) The efforts being made to come into compliance as quickly as possible.

(7) Compensatory safety features which will provide an equivalent degree of protection for the occupants.