101.4 - NONCONFORMING USE.
101.4 NONCONFORMING USE.
The rules shall make reasonable provision under which facilities
in service prior to the effective date of the regulations and not in
strict conformity therewith may be continued in service unless the
nonconformity is such as to constitute a distinct hazard to life or
adjoining property; and for guidance in enforcement may delineate
these types of nonconformity that should be considered distinctly
hazardous, those that should not be considered distinctly hazardous
and those the need for elimination of which should be evaluated in
the light of local factors. As to any rule the need for compliance
with which is conditioned on local factors, the rules shall provide,
as a condition precedent to evaluation or issuance of a compliance
order, for reasonable notice to the proprietor of the facility
affected of intention to evaluate the need and of the time and place
at which the proprietor may appear and offer evidence thereon. Section History: Early Form
[C35, § 1655-g3; C39, § 1655.3; C46, 50, 54, § 101.3; C58, 62,
66, 71, 73, 75, 77, 79, 81, § 101.4]