Or. Admin. Code § 333-060-0220

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-060-0220 - Variance

(1) The Division may grant a variance from requirements of OAR 333-060-0005 to 333-060-0515 as follows:

(a) Where it is demonstrated to the satisfaction of the Division that strict compliance with the rule would be highly burdensome or impractical due to special conditions or cause;

(b) Where the public or private interest in the granting of the variance is found by the Division to clearly outweigh the interest of the application of uniform rules; and

(c) Where such alternative measures are provided which in the opinion of the Division will provide adequate public health and safety protection.

(2) Such variance authority is not conferred upon any county or local public health authority notwithstanding delegated or contractual authority in administration and enforcement of the swimming pool statutes and rules.

Or. Admin. Code § 333-060-0220

HD 8-1980(Temp), f. & ef. 6-26-80; HD 13-1980, f. & ef. 12-19-80; Renumbered from 333-042-0190; PH 17-2006, f. 6-30-06, cert. ef. 7-1-06

Stat. Auth.: ORS 448.011

Stats. Implemented: ORS 448.005 - 448.100, 448.990