ARM 37.112.159. VARIANCE

(1) A licensee may request a variance to waive or modify compliance with the health requirements of this chapter by petitioning the department. An application for a variance must contain: (a) a statement of the proposed variance from the chapter's requirements, citing the relevant rule numbers; and (b) a rationale explaining how the potential public health hazards addressed by the relevant rules will be alternatively addressed by the proposal. (2) The department may grant a variance by modifying or waiving the requirements of this chapter if, in the opinion of the department, a health hazard will not result from the variance. (3) A licensee must continuously demonstrate compliance with the variance or modification granted by the department. The failure to comply to the department-approved variance or modification may be grounds for license revocation. (4) The department reserves the right to deny or revoke a variance if, in its judgment, a health risk may occur.