(1) A variance request must be as follows:

(a) The request must be on an affidavit of a licensed construction blaster who is an employee of the state of Montana or one of its political subdivisions and is requesting a variance for public work.

(b) The request must show that compliance with specific rules concerning the use of explosives would be impractical.

(c) The request must show the specific method to be utilized regarding the use of explosives and that this method will not constitute a danger to property or public safety.

(2) A variance will be granted or denied by letter to the requestor for variance after a determination is made by the bureau based on (1) above. If the variance is approved, restrictions and time of variance must be stated if applicable; and if denied, reasons for denial must be stated. The letter must be signed by the bureau chief or his designated representative.

(3) A variance request from a licensed construction blaster who is not an employee of the state of Montana or one of its political subdivisions requesting a variance for public work must be directed to the Occupational Safety and Health Administration for processing.