1. (1) An operator of a bed and breakfast establishment may request from the regulatory authority a variance to waive or modify construction or food equipment requirements contained in this subchapter. The request must be in writing, and must:

   1. (a) demonstrate that the variance requested does not have the potential to cause adverse public health or safety effects and no other reasonable alternative exists; and
   2. (b) describe any measure that will be taken to assure that public health and safety are maintained.
2. (2) The regulatory authority will maintain a record of the variance requests submitted along with the regulatory authority's responses.

Authorizing statute(s): Sec. 50-51-103 and 50-51-108, MCA

Implementing statute(s): Sec. 50-51-103, MCA

History: NEW, 2003 MAR p. 1338, Eff. 7/1/03.