105 CMR, § 435.46

Current through Register 1531, September 27, 2024

Section 435.46 - Variance

Variances may be granted only as follows: The Board of Health may vary the application of any provisions of 105 CMR 435.00 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 435.00 can be achieved without strict application of the particular provision.

Every request for a variance shall be made in writing and shall state the specific variance sought and the reasons therefore. Any variance granted by the Board of Health 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 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. Notice of the grant o f e a c h variance shall be filed with the Department of Public Health, which shall approve, disapprove, or modify the variance within 30 days from receipt thereof. If the Department fails to comment within 30 days, its approval will be presumed. No work shall be done under any variance until the Department approves it or 30 days elapse without its comment, unless the Board of Health or the Department certifies in writing that an emergency exits.

105 CMR, § 435.46