A registrant may submit a written request to the department for a variance from the applicable regulations. The registrant shall not use X-ray equipment on patients until the department approves the variance request.

1. (1) The written request shall be addressed to: X-ray Supervisor, Office of Radiation Protection, Department of Health, P.O. Box 47827, Olympia, Washington 98504-7827, and must include:

   1. (a) The specific WAC reference or references of the rule for which the variance is requested;
   2. (b) An explanation of the circumstances involved, and the reason why the rule cannot be followed;
   3. (c) A description of how the proposed alternative meets the intent of the rule and how the registrant shall protect patients, dental employees, and the public;
   4. (d) A description of the X-ray system to be used with supporting pictures or documents; and
   5. (e) The time period for which the variance is requested.
2. (2) The department may impose conditions that may be necessary to protect human health and safety during the term of the variance.
3. (3) If necessary, the department may require the registrant to submit additional information.
4. (4) The department may conduct an on-site variance inspection to verify the information provided or if it determines that an inspection is necessary.
5. (5) As determined by the department, variances can be permanent or temporary.
6. (6) The department may at any time revoke a variance if it is determined that the conditions of the variance are not being followed.

[Statutory Authority: RCW 70.98.050 and 70.98.080. WSR 08-14-074, § 246-225A-040, filed 6/26/08, effective 7/27/08.]