Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 400.000 - State Sanitary Code Chapter I: General Administrative Procedures
Section 400.800 - Variance

(A) Variance Permitted. The board of health may vary the application of any provision of this article with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustice; provided, that the decision of the board of health shall not conflict with the spirit of any minimum standard established by the State Sanitary Code. Any variance granted by the board of health shall be in writing. A copy of any such variance shall, while it is in effect, be available to the public at all reasonable hours in the office of the clerk of the city or town, or in the office of the board of health, and notice of the grant of variance shall be filed with the Commissioner of Public Health of the Commonwealth.

(B) Expiration, Modification, Suspension. Any variance or other modification authorized to be made by this article may be subject to such qualification, revocation, suspension, or expiration as the board of health expresses in its grant. A variance or other modification authorized to be made by this article may otherwise be revoked, modified, or suspended, in whole or in part, only after the holder thereof has been notified in writing and has been given a n opportunity to be heard, in conformity with the requirements for an order and hearing of 105 CMR 400.400 and 400.500.