3111. VARIANCES

3111 VARIANCES 3111.1 The Board may excuse the inability of an applicant or licensee to conform to the requirements of § 3110 of this chapter, by grant of a variance to the applicant or licensee, upon the Board’s determination of the following: (a) To deny the variances would result in undue hardship to the applicant or licensee; (b) Compensating factors are present which give adequate protection to the health, safety, and welfare of the public; and (c) The variance can be granted without impairing the purposes of this chapter or the Act. 3111.2 To apply for a variance an applicant or licensee shall state, on a form provided by the Board, the reasons a variance should be granted based upon factors listed in § 3111.1. 3111.3 An applicant or licensee shall submit a request for a variance within twenty (20) business days of the issuance of the inspection report of the Board referenced in § 3103.3 of this chapter. 3111.4 The Director shall maintain a written record of each variance granted or denied by the Board, and shall make the record available for public inspection. SOURCE: Final Rulemaking published at 39 DCR 7853 (October 23, 1992); as amended by Final Rulemaking published at 63 DCR 865 (January 22, 2016). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 3111