1. (1) A special variance is an exception to specific rules of this chapter. Special variances are granted by a designated school official of a school district or individual private school which has department approval to participate in the special variance process described in WAC 296-125-0720.

2. (2) A special variance is used to facilitate flexibility in a sixteen-year-old or seventeen-year-old minor's school and work requirements and may be granted only for exceptions to the rules governing:

   1. (a) The maximum hours of work per week during a week when school is in session, up to a maximum of twenty-eight hours per week; and
   2. (b) The maximum hours of work per day during a week when school is in session, up to a maximum of six hours per day.
3. (3) Special variances will not be granted for sixteen-year-old and seventeen-year-old minors working in house-to-house sales.

4. (4) When school is in session, minors must not work in excess of the maximum hours per week or per day illustrated in the following chart unless the employer has a current, fully completed and executed special variance on file at the minor's workplace.

   Hours of work—Nonagriculture

   	14-year-olds and 15-year-olds	16-year-olds and 17-year-olds
   	School	Nonschool	School	Nonschool
   Hours a day	3*(weekdays)8(Fri.-Sun.)	8	4**(weekdays)8(Fri.-Sun.)	8
   Hours a week	16	40	20/28***	48
   Days a week	6 days	6 days	6 days	6 days
   Start	7 a.m.	7 a.m.	7 a.m.	5 a.m.
   Quit	7 p.m.(weekdays)	9 p.m.	10 p.m.(Sun.-Thurs.)Midnight(Fri. & Sat.)	Midnight

   *	14-year-olds and 15-year-olds can work up to 3 hours on a school day preceding a school day. All other days, 8 hours per day.
   **	16-year-olds and 17-year-olds can work up to 4 hours on a school day preceding a school day. All other days, 8 hours per day.
   ***	Up to 28 hours available through special variances.

[Statutory Authority: RCW 49.12.121. WSR 99-02-041, § 296-125-0700, filed 12/31/98, effective 1/31/99.]