Section 29-311. VARIANCES

 

311.1The Director may grant a variance from compliance with one or more physical or structural requirements of this Chapter if the Director determines that compliance with the requirement(s) would result in exceptional or undue hardship.

 

311.2A Facility may apply for a variance by submitting a written request to the Director setting forth the following:

 

(a)The specific requirement(s) from which the Facility seeks relief;

 

(b)The exceptional or undue hardship that would result from compliance with the requirement(s);

 

(c)The extent to which the Facility seeks to be exempt from the requirement(s); and

 

(d)The Facility's proffer as to why granting the variance would not jeopardize the health, safety or welfare of any person and would be consistent with the intent of the Act and of this Chapter.

 

311.3The Director shall respond to a request for a variance, in writing, within thirty (30) days of receipt of the request.

 

311.4If a variance is granted, it shall be set forth in writing by the Director.

 

311.5Any variance obtained by a Facility shall be posted in the Facility in the vicinity of the posted license.

 

311.6Noncompliance with the terms of a variance may invalidate the variance and may be the basis of additional enforcement action.

 

source

Regulation No. 74-34 published at 21 DCR 1333 (December 27, 1974), as amended by Final Rulemaking published at 54 DCR 3793 (April 27, 2007).