§ 43-7. Variances.

(a)

A person may request a variance from one or more requirements of this chapter by submitting to the health officer documentation of the proposed variance, including citations to the applicable chapter provisions and an explanation of how the potential public health hazard will be alternatively addressed by the proposal.

(b)

The health officer may consider and grant variances from the provisions of this chapter when the health officer determines that the following conditions exist:

(1)

The imposition of the terms or standards of this chapter would deprive the applicant of the reasonable use of the aquatic structure;

(2)

The circumstances cited in support of the variance are not the result of a hardship imposed or created by the applicant;

(3)

The alterations proposed in the variance request will ensure that the general purposes of this chapter are observed and maintained; and

(4)

The granting of a variance will not be injurious to the public health, safety or welfare.

(c)

Any variance granted under this section will apply only to the specific property and use requested by the applicant. All variances shall i) be in writing, ii) contain the findings upon which the variance was approved, iii) be signed by the health officer and iv) be maintained as a permanent record of the department.

(d)

This section shall not be construed in any way to excuse any operator from compliance with state or federal laws, rules or regulations regarding pool safety or to limit the enforcement authority of state or federal officials with respect to state or federal laws, rules or regulations regarding pool safety or protection of the public health, safety or welfare.

(Ord. No. 2010-908, § 2(Exh. A), 11-17-2010, eff. 1-1-2011)