Haw. Code R. § 11-10-6 - Variances

(a) Every application for a variance shall be made on forms furnished by the department. The applicant shall submit sufficient information to enable the director to make a decision on the request for variance.

(1) The director shall not act upon or consider any incomplete application for a variance. An application shall be deemed complete only when all required and requested information, including the application form, plans, specifications, and other information have been timely submitted.

(2) Every application shall be signed by the applicant and shall constitute an acknowledgment and agreement that the applicant will comply with all the terms and conditions of the variance and this chapter.

(3) The director may require the submission of additional information after the application has been submitted. If an application is incomplete or otherwise deficient, processing of the application shall not be completed until such time as the applicant has supplied all required information or otherwise corrected the deficiency.

(4) The failure of the director to act on a completed application for a variance within one hundred eighty days of the receipt of the application shall be deemed an approval of the application; provided that the applicant acts consistently with the application process.

(b) The application will be reviewed by the director based on the effect or probable effect the variance would have upon the public swimming pool standards established pursuant to this chapter.

(c) Whenever an application is approved by the director, the director shall issue a variance authorizing the operation of the public swimming pool pursuant to the conditions specified in the application for the variance and/or the conditions specified by the director. No variance shall be granted by the director unless the application and the supporting information clearly show that:

(1) The continuation of the function or operation of the public swimming pool by the granting of the variance poses no threat to public health; or

(2) The proposed changes in the function or operation of the public swimming pool do not endanger human health.

(d) Any approved variance shall be granted within the requirements of this section, for time periods and under conditions consistent with this chapter, and with the following limitations:

(1) The director may issue a variance for a period not exceeding two years;

(2) The director may revoke the variance at any time if the variance creates a threat to public health and safety;

(3) Every variance granted under this section shall include conditions requiring the grantee to submit to the director information such as plans, procedures, other supporting information, laboratory research data, published scientific papers, and any follow-up information and analyses as deemed necessary by the director; and

(4) Every variance granted under this subsection shall undergo a thorough review of known and available means of protecting the health of swimmers in a public swimming pool.

(e) Variance renewal. Any variance granted pursuant to this section may be renewed on terms and conditions and for periods not exceeding two years which would be appropriate on initial granting of a variance; provided that the applicant for renewal has met all of the conditions specified in the immediately preceding variance; and provided further that the renewal, and the variance issued in pursuance thereof, shall provide for protection of public health not less than that attained pursuant to the terms of the immediately preceding variance at its expiration. No renewal shall be granted except on application therefor. Any such application shall be made at least one hundred eighty days prior to the expiration of the variance. The director shall act on an application for renewal within one hundred eighty days of the receipt of such application; provided that the applicant acts consistently with the application process.

(f) The director shall, upon request, provide the opportunity for public comment or hearing(s) in accordance with chapter 91, HRS, or both to consider the approval or denial of an application for a variance or the revocation of a variance. A notice shall be published in accordance with chapters 91 and 92, HRS, in a newspaper of general circulation in the State and in the county where the public swimming pool is located. All publication costs related to public notification(s) shall be paid by the applicant to the necessary and appropriate newspaper agency or agencies prior to publication date. Failure to do so may result in a delay in the variance process.

(g) No variance shall be construed to prevent or limit the application of any emergency provisions and procedures provided by law.

(h) A processing fee of $500 shall accompany the submittal of a variance.

Notes

Haw. Code R. § 11-10-6

[Eff JUL 15 2002] [Auth: HRS §§ 321-10, 321-11] [Imp: HRS § 321-11]