Variance

Variances may be granted only as follows: The Board of Health may vary the application of any provisions of 105 CMR 435.00 with respect to any particular case when, in its opinion (a) the enforcement thereof would do manifest injustice; and (b) the applicant has proved that the same degree of protection required under 105 CMR 435.00 can be achieved without strict application of the particular provision. Every request for a variance shall be made inwriting and shall state the specific variance sought and the reasons therefore. Any variance granted by the Board ofHealthshallbe inwriting. 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 conspicuously posted for 30 days following its issuance; and 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 ofPublic Health, which shall approve, disapprove, or modify the variance within30 days from receipt thereof. If the Department fails to comment within 30 days, itsapproval will be presumed. No work shall be done under any variance until the Department approves it or 30 days elapse without its comment, unless the Board of Health or the Department certifies in writing that an emergency exits.