A party may ask the commissioner of health to grant a variance from the following rules:
asbestos abatement, part 4620.3710, item A, and, where space limitations prevent compliance with the specified requirements or where compliance with the specified requirements would create a greater hazard, parts 4620.3566, 4620.3567, 4620.3568, subparts 1 to 4, 4620.3569, 4620.3571, subparts 1 and 2, and 4620.3575, subpart 3;
[Repealed, L 2007 c 140 art 13 s 3]
The procedures in this subpart apply to a request for a variance of the rules specified in subpart 1. Additional procedures may be specified in the rules listed in subpart 1 which also must be complied with. The party requesting the variance must submit the variance request in writing to the commissioner of health along with any applicable fee. A request must contain:
the specific language in the rule or rules from which the variance is requested;
the reasons why the rule cannot be met;
the alternative measures that will be taken to assure a comparable degree of protection to health or the environment if a variance is granted;
the length of time for which the variance is requested;
a statement that the party applying for the variance will comply with the terms of the variance, if granted; and
other relevant information the commissioner determines necessary to properly evaluate the request for the variance.
The applicant for a variance must be the party to whom the rule specified in subpart 1 applies.
MS s 14.05; 14.388; 31.101; 31.11; 103I.101; 103I.221; 103I.301; 103I.621; 144.05; 144.08; 144.12; 144.123; 144.383; 144.9508; 145A.02; 157.01; 157.011; 157.04; 157.08; 157.09; 157.13; 326.70 to 326.81
May 11, 2009
Copyright © 2009 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved.