Variance to be in Writing

(A) Any variance granted by the Board of Health or the Department shall be in writing. Any denial for a variance shall also be in writing and shall contain a brief statement of the reasons for denial. A copy of each variance shall be conspicuously posted for 30 days following its issuance and shall, while it is in effect, be available to the public at all reasonable hours in the office of the clerk of the city or town, or in the office of the Board of Health and in the case of a variance by the Department, at the Department. (B) The Board of Health shall submit to the Department a notice of the intent to grant a variance. The Department shall approve, disapprove, or modify the variance within 45 days from receipt thereof. If the Department fails to comment within 45 days, its approval shall be presumed. No alteration of any requirement in 105 CMR 445.000 shall be made under any variance until the Department approves it or 45 days has elapsed without comment, unless the Board of Health certifies in writing to the Department that an emergency exists.