Section 90. Variances

A. The commissioner may grant a variance to any requirement of this chapter if, after investigation, the commissioner determines that the hardship imposed upon the owner or the public by compliance with this chapter outweighs the benefits that the chapter confers and that granting a variance will not result in a potential or actual public health hazard.

B. A variance is a conditional waiver of a specific regulation that is granted to an owner of a marina, other places where boats are moored, or a boating access facility. Variances are not transferrable between owners, and any variance shall be attached to the certificate of the marina, other places where boats are moored, or boating access facility to which it was granted. The variance is a condition of the certificate, which is revoked if the certificate is revoked.

C. Any owner of a marina, other places where boats are moored, or a boating access facility may apply in writing for a variance. This application shall be submitted to the local health department in the jurisdiction in which the marina, other places where boats are moored, or boating access facility is located. This application shall include:

1. A citation referencing the specific requirements of this chapter from which a variance is requested and a statement describing the hardships imposed by the specific requirements of this chapter;

2. A statement of reasons why the public health and environment would not be detrimentally affected if a variance is granted and a list of suggested measures that would be implemented to prevent any potential detrimental impacts;

3. Facts supporting the need and justification for the variance;

4. The nature and duration of the variance request;

5. Other information, if any, believed by the applicant to be pertinent; and

6. Such other information as the division, local health department, or the commissioner may require.

D. If the commissioner denies any request for a variance, such denial shall be in writing and shall state the reasons for the denial.

Historical Notes

Derived from VR355-17-01 § 1.9, eff. September 1, 1987; amended, Volume 06, Issue 24, eff. October 1, 1990; Volume 32, Issue 06, eff. December 16, 2015.

Statutory Authority

§ 32.1-246 of the Code of Virginia.