Administrative Code

Virginia Administrative Code
12/3/2022

Article 3. Variances

12VAC5-462-150. Granting a variance.

Article 3
Variances

Only the commissioner or the deputy commissioners may grant a variance to this chapter. (See §§ 32.1-12 and 32.1-22 of the Code of Virginia and 12VAC5-462-40.) The commissioner or the deputy commissioners shall follow the appropriate procedures set forth in this article in granting a variance.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.9, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-160. Requirements for a variance.

The commissioner may grant a variance if a thorough investigation reveals that the hardship imposed by this chapter outweighs the benefits that may be received by the public. Further, the granting of such a variance shall not subject the public to unreasonable health risks.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.1, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-170. Application for a variance.

Any owner who seeks a variance shall apply in writing. The application shall be signed by the owner, addressed and sent to the commissioner at the State Department of Health in Richmond. The application shall include:

1. A citation to the regulation from which a variance is requested;

2. The nature and duration of the variance requested;

3. Any relevant analytical results including results of relevant tests conducted pursuant to the requirements of this chapter;

4. Statements or evidence why the public health and welfare would not be degraded if the variance were granted;

5. Suggested conditions that might be imposed on the granting of a variance that would limit the detrimental impact on the public health and welfare;

6. Other information, if any, believed pertinent by the applicant; and

7. Such other information as the district or local health department or commissioner may require.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.11, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-180. Evaluation of a variance application.

A. The commissioner shall act on any variance request submitted pursuant to 12VAC5-462-170 within 60 calendar days of receipt of the request.

B. In the evaluation of a variance application, the commissioner shall consider the following factors:

1. The effect that such a variance would have on informing swimming pool users of water quality test results and water quality standards;

2. The cost and other economic considerations imposed by this requirement;

3. The effect that such a variance would have on protection of the public health, welfare and safety;

4. Such other factors as the commissioner may deem appropriate.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.12, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-190. Disposition of a variance request.

A. The commissioner may deny any application for a variance by sending a denial notice to the applicant by certified mail. The notice shall be in writing and shall state the reasons for the denial.

B. If the commissioner proposes to grant a variance request submitted pursuant to 12VAC5-462-170 the applicant shall be notified in writing of this decision. Such notice shall identify the variance, swimming pool covered, and shall specify the period of time for which the variance will be effective. The effective date of a variance shall be as stated in the variance.

C. No owner may challenge the terms or conditions set forth in the variance after 30 calendar days have elapsed from the effective date of the variance.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.13, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-200. Posting of variances.

All variances granted shall be posted in plain view of swimming pool users.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.14, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

12VAC5-462-210. Hearings on disposition of variances.

Hearings on denials of an application for a variance or on challenges to the terms and conditions of a granted variance may be held pursuant to 12VAC5-462-230 or 12VAC5-462-240, except that informal hearings under 12VAC5-462-230 shall be held by the commissioner or his designee.

Statutory Authority

§§ 32.1-12 and 32.1-248.1 of the Code of Virginia.

Historical Notes

Derived from VR355-35-700 § 3.15, Virginia Register Volume 10, Issue 20, eff. August 1, 1994.

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