16 Del. Admin. Code § 4470-20.0 - Variance

20.1 A licensee may seek a variance from these regulations by making a request for variance to the Division. The Division may grant a variance by modifying or waiving the requirements of these regulations if, in the opinion of the Division, a health hazard or nuisance will not result from the variance

20.2 A variance shall not be transferable from person to person, nor from location to location.

20.3 If a variance is granted, the Division shall retain the information specified below in its records for the variance:

20.3.1 A statement of the proposed variance of the requirement of these regulations, citing the relevant section of these regulations;

20.3.2 An analysis of the rationale for how the potential public health hazards or nuisances will be alternatively addressed by the proposal; and

20.3.3 Any other information requested by the Division that may be deemed necessary to render judgment.

20.4 A variance is rendered void upon occurrence of one or more of the following: the physical facility is demolished; a remodeling project in the facility includes the areas addressed in the variance.

Notes

16 Del. Admin. Code § 4470-20.0

15 DE Reg. 1728 (06/01/12)
17 DE Reg. 738(1/1/2014)
19 DE Reg. 409(11/1/2015)
23 DE Reg. 667(2/1/2020)
24 DE Reg. 485( 11/1/2020) (Final)