37.111.1231    VARIANCES

(1) The regulatory authority may grant a variance to a requirement of this subchapter if, in the opinion of the regulatory authority, a health hazard or nuisance will not result from the variance.

(2) To apply for a variance, the applicant must submit the following information:

(a) a statement as to why the applicant is unable to comply with the rule to which the variance is requested;

(b)  the nature and duration of the variance requested;

(c) a statement of how the intent of the rule will be met and the reasons why the public health or safety would not be jeopardized if the variance is granted; and

(d) other information deemed necessary by the regulatory authority to establish that a health hazard or nuisance will not result from granting the variance.

(3) The regulatory authority must retain the variance application and decision in the establishment file as long as the variance is applicable.

(4)  Prior to issuing a variance, the local regulatory authority will contact, notify, and consult with the department about any similar variances to help ensure uniform and equitable application of the law.

History: 50-52-102, MCA; IMP, 50-52-102, MCA; NEW, 2022 MAR p. 1748, Eff. 9/10/22.