N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-5.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7-5.6 - Variances and waivers

(a) A variance shall mean permission for an agricultural fairground owner to delay implementation of one or more provisions of this Subpart. In order to obtain sufficient time to comply with a provision of this Subpart, an agricultural fairground owner may submit a written request to the permit-issuing official for a variance. A request for a variance will be granted only if the owner demonstrates that the health and safety of the public will not be prejudiced by the variance, and that immediate compliance with the provision in question would create practical difficulty or hardship. An owner must comply with all of the terms of a variance, and comply with the requirements of this Subpart by the date specified in the variance.

(b) A waiver shall permit the use of alternative arrangements that do not satisfy one or more requirements of this Subpart, but nonetheless protect the health and safety of the agricultural fairground occupants and the public. To obtain a waiver from one or more requirements of this Subpart, an agricultural fairground owner must submit a written request to the permit-issuing official for a waiver from each such requirement; provided, however, that no waiver from the requirement that the agricultural fairground's on-site water supply be disinfected may be granted. Such request must explain how the alternate arrangements will provide adequate protection of the health and safety of the fairground occupants and public. The permit-issuing official shall obtain the approval of the State Department of Health prior to granting or denying a request for a waiver. An owner must comply with all of the terms of a waiver. A waiver will remain in effect indefinitely unless revoked by the permit-issuing official after a determination that continuation of the waiver would jeopardize public health or a person other than the recipient of the waiver commences ownership of the fairground.