Section 25-A4102. VARIANCES - CRITERIA, MODIFICATIONS, AND WAIVERS

 

4102.1The Department may grant a variance from the provisions of this Code, as provided in § 4102.2.

 

4102.2The Department may grant a variance if all of the following conditions are met, except as provided in § 4102.3:

 

(a)The variance was requested in the manner prescribed by § 4103; Pf

 

(b)The variance will have no adverse effect on public health, safety, or the  environment; Pf

 

(c)The alternative measures to be taken, if any, are equivalent to or superior  to those prescribed by this Code; Pf and

 

(d)Strict compliance with the provisions of this Code would impose an undue  burden on the applicant if the variance were not granted.

 

4102.3A variance shall not be granted for or from:

 

(a)Chapter 3, Food Employee/Applicant Health; Pf

 

(b)Chapter 4, Personal Cleanliness of Food Employees; Pf

 

(c)Chapter 5, Hygienic Practices of Employees and Food Employees; Pf

 

(d)Sections 3210 through 3214, Physical Facilities – Controlling Pests;  Removing Dead or Trapped Birds, Insects, Rodents, and Other Pests;  Storing Maintenance Tools; Maintaining Premises, Unnecessary Items and  Litter; and Prohibiting Animals; Pf 

 

(e)Chapter 33, Certifications, Labeling and Identification of Poisonous or  Toxic Materials; Chapter 34, Operational Supplies and Applications of  Poisonous or Toxic Materials; and Chapter 35, Stock and Retail Sale of  Poisonous or Toxic Materials; Subtitle G, Poisonous or Toxic Materials; Pf  and

 

(f)Chapter 37 Mobile Structures & Temporary Stands; Chapter 38,  Residential Kitchens in Bed and Breakfast Operations; Chapter 39,  Caterers; Chapter 40, Catered Establishments; and Subtitle H, Special  Requirements. Pf

 

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246; D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627; D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 98-139, dated August 20, 1998, and Mayor’s Order 2002-103, dated June 18, 2002.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6340 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).