Ariz. Admin. Code § 18-5-249

Current through Register Vol. 30, No. 38, September 20, 2024

Section R18-5-249 - Variances

A. The Department may grant a variance from a requirement prescribed in this Article upon a demonstration by the applicant that an alternative design, material, appurtenance, or technology is equivalent to a requirement prescribed in this Article. If a variance is granted, it shall be conditioned upon the applicant's use of the approved alternative.

B. The Department shall not grant a variance that results in an unreasonable risk to the health of swimming pool or spa users.

C. The applicant shall request a variance in writing. A variance request shall contain the following information:

1. Identification of the requirement prescribed in this Article for which a variance is requested;

2. Explanation of the reasons why the applicant cannot comply with the requirement;

3. A complete description of the alternative design, material, or technology to be installed and used in the swimming pool or spa, including design plans, specifications, and a description of the cost;

4. A demonstration that the alternative design, material, or technology to be installed and used in the swimming pool or spa is equivalent to the requirement in this Article and will not result in an unreasonable risk to users; and

5. A statement that the applicant will perform reasonable requirements prescribed by the Department that are conditions of a variance.

D. The applicant shall submit a request for a variance with an application for design approval. The Department shall determine whether the application for design approval and the variance request are complete. Within 30 days after the date of the submittal of the application for design approval and the variance request, the Department shall issue a written notice to the applicant that states that the request for a variance and the application for design approval are complete or which states that the request for a variance or the application for design approval is incomplete and identifies specific information deficiencies in the application for design approval or the variance request.

E. The Department may convene an advisory committee consisting of representatives of public and semipublic swimming pool and spa owners, public and semipublic swimming pool and spa building contractors, professional engineers, and county environmental and health departments to make a recommendation on a variance request.

F. If the Department grants the request for a variance, the Department shall identify the requirement for which the variance is granted, specify any conditions to the grant of a variance, and issue a design approval. If the Department denies the request for a variance, the Department shall issue a notice of intent to deny the request for a variance to the applicant. The notice shall state the reasons for the denial of the request for a variance and shall include a description of the applicant's right to request a hearing on the denial of the variance request pursuant to A.R.S. § 41-1092.03 and to request an informal settlement conference pursuant to A.R.S. § 41-1092.06. If the Department denies a request for a variance, the Department may either deny the application for design approval or issue a design approval that requires compliance with the requirement for which the variance is requested.

G. In considering a request for a variance from a requirement prescribed in this Article, the Director shall consider the following factors:

1. The intended use of the public or semipublic swimming pool or spa;

2. The safety of the alternative design, material, or technology for which a variance is requested; and

3. The cost and other economic considerations associated with requiring compliance with the requirement prescribed in this Article as compared to the alternative for which a variance is requested.

Ariz. Admin. Code § R18-5-249

Adopted effective February 19, 1998 (Supp. 98-1).