(a) The chief administrative officer of a local correctional facility may apply to the State Commission of Correction for a variance when:

1. (1) full compliance with a specific rule or regulation of this Subtitle or any provision thereof cannot be achieved or maintained by or subsequent to the effective date of such rule or regulation; or
2. (2) compliance is to be achieved in a manner other than that which is specified in such rules and regulations.

(b) The State Commission of Correction may grant a variance only upon a determination that:

1. (1) full compliance with a specific rule or regulation of this Subtitle or a provision thereof would create extreme practical difficulties or excessive hardships as a result of circumstances which are unique to a particular local correctional facility; or
2. (2) compliance is to be achieved in an alternative manner sufficient to meet the intent of such rule or regulation.