Board of Health May Grant Variance

Variances may be granted only as follows: (A) The Board of Health may vary the application of any provisions of 105 CMR 430.000 with respect to any particular case when, in its opinion: (1) the enforcement thereof would do manifest injustice; (2) the applicant has proved the same degree of protection required under 105 CMR 430.000 can be achieved without strict application of the particular provision(s); and (3) when insurance is utilized, the applicant has provided written confirmation from the insurance carrier confirming the continuation of full coverage(s) if the minimum health and safety provision(s) are varied. (B) Every request for a variance shall be made in writing and shall state the specific variance sought and the reasons therefore. Any variance granted by the Board of Health shall be in writing. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial. A copy of each variance shall be available to the public at all reasonable hours in the office of the city or town clerk or the office of the Board of Health while it is in effect. Notice of the grant of each variance shall be filed with the Department. 105 CMR - 1742.7