Ohio Admin. Code 3701-26-06 - Variances; waivers
(A)
The director may
grant a variance or waiver from any requirement established by Chapter 3701-26
of the Administrative Code or Chapter 3729. of the Revised
Code.
(B)
A campground seeking a variance or waiver from any of
the requirements established by this Chapter must submit a written request to
the director as follows:
(1)
As part of a campground plan review package required by
rule
3701-26-05
of the Administrative Code, to construct, substantially alter, or operate a new
or existing campground as required for licensure under rule
3701-26-04
of the Administrative Code;
(2)
A variance or
waiver request for a temporary event must be:
(a)
Submitted with
the plan review package required by rule
3701-26-05
of the Administrative Code; and
(b)
Be received by
the director at least ninety days prior to the event.
(3)
As
part of an application for renewal of an existing campground license at least
ninety days prior to the license renewal period; or
(4)
At any other time
of the year provided the request is received ninety days prior to the requested
implementation date for the variance or waiver.
(C)
The written
request for a variance or waiver must include the following information:
(1)
The specific rule
requirement for which the variance or waiver is requested, with a reference to
the relevant Administrative Code provision;
(2)
The specific
nature of the request, and the rationale for the request;
(3)
The time period
for which the variance or waiver is requested;
(4)
If the request is
for a variance, a statement of how the campground will meet the intent of the
requirement in an alternative manner; and
(5)
If the request is
for a waiver, a statement regarding why application of the requirement will
cause undue hardship to the campground and why granting the waiver will not
jeopardize the health and safety of the public.
(D)
The decision
regarding a variance or waiver is a discretionary act by the director and an
informal procedure not subject to Chapter 119. of the Revised Code. Upon
written request by a campground, the director may grant:
(1)
A variance if the
director determines that the requirement has been met in an alternative manner;
or
(2)
A waiver if the director determines that the strict
application of the license requirement would cause an undue hardship to the
campground and that granting the waiver would not jeopardize the health and
safety of the public.
(E)
Any approval for
a variance or waiver for a temporary campground shall remain in effect for two
years, provided that the site plan for the temporary campground does not
change.
(F)
Any approval for a variance or waiver for a permanent
campground shall remain in effect until:
(1)
There is a change
in ownership;
(2)
The campground is substantially
altered;
(3)
The campground is found to be in non-compliance with
the conditions of the approved variance or waiver;
(4)
A situation
occurs within the campground that is determined to pose a negative impact on
public health or safety; or
(5)
For a time period
approved by the director.
(G)
The granting of a
variance or waiver by the director shall not be construed as constituting
precedence for the granting of any other variance or waiver. All variance and
waiver requests shall be considered on a case-by-case basis.
Notes
Promulgated Under: 119.03
Statutory Authority: 3729.02, 3729.05
Rule Amplifies: 3729.05
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.