Variance

The approving authority may vary the application of any provision of 105 CMR 440.00, with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, provided, that the decision of the approving authority shall not conflict with the spirit of these minimum standards. Any variance granted by the Board of Health shallbe 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 followingits issuance; and shallbe available to the public at allreasonable hours in the office of the city or town clerk or the office ofthe Board ofHealth while it is in effect. Notice of the grant of each variance shall be filed with the Department of Public Health, which shall approve, disapprove, or modify the variance within 30 days from receipt thereof. If the Department fails to comment within 30 days, its approval will be presumed. No work shall be done under any variance until the Department approved it or 30 days elapse without its comment, unless the Board of Health or the Department certifies in writing that an emergency exists.