10.16.06.11

.11 Variances.

A. An operator may apply, in writing, to the Department for a variance of a requirement under this chapter, specifying:

(1) The affected regulation;

(2) The reason for the request;

(3) The name and address of the applicant;

(4) The name and location of the camp; and

(5) That the requirement is met by an alternative that complies with the intent of the regulation.

B. The Department may grant a variance of a requirement of this chapter if the:

(1) Operator applies for a variance of a requirement in accordance with §A of this regulation; and

(2) Campers' health, safety, and well being are not compromised if the variance is granted.

C. The Department shall:

(1) Grant a variance for a specific time period; and

(2) Specify the terms of the variance.

D. When the Department grants a variance for a requirement and the operator complies with the terms of the variance as specified by the Department, the Department shall consider the camp to be in compliance with the applicable regulation.