Section 22-B6708. VARIANCES

 

6708.1The Director shall keep a properly indexed record of all variances and exceptions permitted from any rule or regulation or standard. The record shall be open to public inspection.

 

6708.2The Director may, upon written application of any person affected by the radiation provisions of this title, permit variations from any of those provisions.

 

6708.3The Director may, upon receiving a written application to do so, excuse a person from the performance of any act required by the radiation provisions of this title, either in whole or in part, upon a finding by the Director that the application of a provision or the full performance of an act would result in unnecessary hardship or practical difficulty.

 

6708.4A variance or exception under §§6708.2 or 6708.3 shall be allowed only where and to the extent necessary to ameliorate the unnecessary hardship or practical difficulty, and only when compensating factors are present that give adequate protection to the public health and public welfare, and that do not impair the intent and purpose of the radiation provisions of this title.

 

source

Regulation No. 70-33 (July 10, 1970), 17 DCR 39 (July 27, 1970); 6A DCRR §8-2:1034; as amended by Final Rulemaking published at 53 DCR 3721 (May 5, 2006).