Section 17-3111. VARIANCES

 

3111.1 The Board may excuse the inability of an applicant or licensee to conform to the requirements of § 3110 of this chapter, by grant of a variance to the applicant or licensee, upon the Board’s determination of the following:

 

(a) To deny the variances would result in undue hardship to the applicant or licensee;

 

(b) Compensating factors are present which give adequate protection to the health, safety, and welfare of the public; and

 

(c) The variance can be granted without impairing the purposes of this chapter or the Act.

 

3111.2 To apply for a variance an applicant or licensee shall state, on a form provided by the Board, the reasons a variance should be granted based upon factors listed in § 3111.1.

 

3111.3 An applicant or licensee shall submit a request for a variance within twenty (20) business days of the issuance of the inspection report of the Board referenced in § 3103.3 of this chapter.

 

3111.4 The Director shall maintain a written record of each variance granted or denied by the Board, and shall make the record available for public inspection.

 

 

authority

Section 1002 of the Second Omnibus Regulatory Reform Act of 1998, effective April 20, 1999 (D.C. Law 12-261, § 1002; D.C. Official Code § 47-2853.10(a)(12) (2015 Repl.)), Section 22a of the Budget Support Act of 2001, effective October 3, 2001 (D.C. Law 14-28, § 902(c); D.C. Official Code § 3-420 (2012 Repl.)), Mayor’s Order 2000-70, dated May 2, 2000, and Mayor’s Order 2007-216, dated October 5, 2007.

source

Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016).