New Mexico Administrative Code
Title 7 - HEALTH
Chapter 18 - AQUATIC VENUES
Part 1 - PUBLIC AQUATIC VENUES: GENERAL PROVISIONS
Section 7.18.1.22 - VARIANCE
Current through Register Vol. 35, No. 18, September 24, 2024
A. The department may grant a variance from the design and construction or operation and maintenance provisions of the aquatic venue rules through written permission for the use of alternative measures that will provide public health and safety protection that is equal to or greater than the protections provided in the aquatic venue rules. No variances shall be granted for procedural requirements, such as submitting construction or operating permit applications, including paying fees, obtaining construction or operating permits, operator certifications, or requesting a hearing.
B. Specific variance requests shall be made by the owner or the owner's designated agent. Designated agents shall provide written documentation signed by the owner that they are representing the owner regarding the specific variance application. All variance applications shall be signed by the owner and upon change of ownership or transfer of property, the new owner or their designated agent must re-apply for the variance.
C. It is the applicant's responsibility to provide all necessary information to support the request for a variance.
D. Any person applying for a variance from any provision of the aquatic venue rules shall do so by filing a written application with the department. Applications shall:
E. Within 20 working days following receipt of a completed variance application, the department shall grant the variance, grant the variance subject to conditions, or deny the variance. The action taken by the department shall be by written order, a copy of which shall be sent to the applicant. The order shall:
F. If a variance is granted, the order will state the effective period of time and any conditions that apply.
G. All variances shall be reviewed at the time of the annual operating permit inspection to determine whether all variance conditions have been met. If conditions of the variance have not been met, an operating permit shall not be issued.
H. Petitioners who are dissatisfied with the department's decision may request a hearing from the department secretary.
I. The department shall notify the petitioner by certified mail of the date, time and place of the hearing.
J. In the hearing, the burden of proof shall be upon the petitioner.