R 325.2114 Design and construction variances.

Rule 4. (1) The department may grant a variance from part 2 of these rules if the department determines that the variance will not affect the safe and healthful operation of the swimming pool and that strict compliance will cause unusual practical difficulties and hardships or will conflict with a special purpose intended for the pool. (2) A person who files a request for a variance from these rules shall do so in writing. The request shall state the specific reasons for the variance and shall include adequate proof that an item, material, feature, or method will perform the intended function so as to produce a safe and healthful swimming pool. (3) The department shall review the variance request and take either of the following actions: (a) Grant the variance in writing, including any specific terms, conditions, and limitations. (b) Deny the variance in writing and state the specific reasons for denial. (4) A swimming pool which is not in compliance with the specific provisions of these rules on their effective date, but which is in compliance with the rules in effect when the pool was installed and which is in good repair, is exempt from the provisions of these rules that require major structural or mechanical changes until pertinent modifications are made. If a swimming pool is modified, the pool owner shall bring the portion modified into compliance with applicable provisions of these rules, unless a variance is granted by the department. (5) This rule does not preclude the department from requiring changes where necessary to correct a threat to public health or an unsafe condition associated with a swimming pool. The pool owner shall establish a schedule of compliance for any required changes that is acceptable to the department or local health department.