1. (1) A license applicant, licensee or contracted renter may apply to the Division in writing for a variance from a requirement in OAR 333-030-0015 through 333-030-0125. In order to qualify for a variance an applicant or licensee must demonstrate, to the satisfaction of the Division, that:

   1. (a) Strict compliance with the rule would be highly burdensome or impractical due to special conditions or cause;
   2. (b) The public or private interest in granting the variance clearly outweighs the interest of the application of uniform rules; and
   3. (c) Alternative measures, if applicable, provide adequate public health and safety protection for camp participants.
2. (2) A variance may only be granted by the Division and not by a LPHA.

Statutory/Other Authority

ORS 446.330

Statutes/Other Implemented

ORS 446.330

History

PH 19-2017, amend filed 12/21/2017, effective 01/01/2018
PH 2-2013, f. & cert. ef. 1-25-13
PH 9-2007, f. & cert. ef. 7-13-07
HD 25-1981, f. & ef. 11-25-81