Variances

(A) The designee of the Commissioner of the Massachusetts Department of Public Health may vary the application of any provision of 105 CMR 420.000 with respect to any particular case when, in his/her opinion, the enforcement thereof would do manifest injustice; provided, that the decision of the Massachusetts Department of Public Health shall not conflict with the spirit of 105 CMR 420.000. (B) A copy of any such variance shall, while it is ineffect, be available to the public at all reasonable hours in the office of the Commissioner of Public Health of the Commonwealth.