4102. VARIANCES - CRITERIA, MODIFICATIONS, AND WAIVERS

4102 VARIANCES ─ CRITERIA, MODIFICATIONS AND WAIVERS 4102.1 The Department may grant a variance from the provisions of this Code, as provided in § 4102.2. 4102.2 The Department may grant a variance if all of the following conditions are met, except as provided in § 4102.3: (a) The variance was requested in the manner prescribed by § 4103; Pf (b) The variance will have no adverse effect on public health, safety, or the environment; Pf (c) The alternative measures to be taken, if any, are equivalent to or superior to those prescribed by this Code; Pf and (d) Strict compliance with the provisions of this Code would impose an undue burden on the applicant if the variance were not granted. 4102.3 A variance shall not be granted for or from: (a) Chapter 3, Food Employee/Applicant Health; Pf (b) Chapter 4, Personal Cleanliness of Food Employees; Pf (c) Chapter 5, Hygienic Practices of Employees and Food Employees; Pf (d) Sections 3210 through 3214, Physical Facilities – Controlling Pests; Removing Dead or Trapped Birds, Insects, Rodents, and Other Pests; Storing Maintenance Tools; Maintaining Premises, Unnecessary Items and Litter; and Prohibiting Animals; Pf (e) Chapter 33, Certifications, Labeling and Identification of Poisonous or Toxic Materials; Chapter 34, Operational Supplies and Applications of Poisonous or Toxic Materials; and Chapter 35, Stock and Retail Sale of Poisonous or Toxic Materials; Subtitle G, Poisonous or Toxic Materials; Pf and (f) Chapter 37 Mobile Structures & Temporary Stands; Chapter 38, Residential Kitchens in Bed and Breakfast Operations; Chapter 39, Caterers; Chapter 40, Catered Establishments; and Subtitle H, Special Requirements. Pf SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).