Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 675.000 - Requirements To Maintain Airqualityin Indoorskating Rinks (state Sanitary Code, Chapter Xi)
Section 675.024 - Variances
Current through Register 1518, March 29, 2024
Variances may be granted only as follows: the Board of Health or the Bureau may vary the application of any provision of 105 CMR 675.000 with respect to any particular case when, in its opinion
(A) the enforcement thereof would do manifest injustice; and
(B) the applicant has proved that the same degree of protection required under 105 CMR 675.000 can be achieved without strict application of the particular provision.
Every request for a variance shall be in writing and shall state the specific variance sought and the reasons therefore. Any variance granted by the Board of Health or the Bureau shall be in writing. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial. A copy of each variance shall be conspicuously posted for 30 days following its issuance, and shall thereafter be available to the public at all reasonable hours, in the office of the city or town clerk or the office of the Board of Health while it is in effect. A copy of the variance shall also be posted at the ice skating rink for one year and kept thereafter with the record keeping log. Notice of the grant of each variance shall be filed with the Bureau, which shall approve, disapprove, or modify the variance within 30 days of receipt thereof. If the Bureau fails to comment within 30 days, its approval will be presumed. No work shall be done under any variance until the Bureau approves it or 30 days elapse without any comment by the Bureau, unless the Board of Health or the Bureau certifies in writing that an emergency exists. Any variance by the Board of Health or Bureau authorized to be made by 105 CMR 675.000 may be subject to such qualification, revocation, suspension, expiration as the Board of Health or Bureau expresses in its grant. A variance authorized to be made by 105 CMR 675.000 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 675.000.
