Iowa Administrative Rules (Last Updated: December 07, 2016) |
Department 641. Public Health Department |
Chapter 31. PLUMBING AND MECHANICAL SYSTEMS BOARD—WAIVERS OR VARIANCES FROM ADMINISTRATIVE RULES |
Section 641.31.4. Criteria for waiver or variance.
-
In response to a petition completed pursuant to rule 641—31.6(17A,105,272C), the board may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the board finds, based on clear and convincing evidence, all of the following:
1. The application of the rule would impose an undue hardship on the person for whom the waiver is requested;
2. The waiver from the requirements of the rule in the specific case would not prejudice the substantial legal rights of any person;
3. The provisions of the rule subject to the petition for a waiver are not specifically mandated by statute or another provision of law; and
4. Substantially equal protection of public health, safety, and welfare will be afforded by a means other than that prescribed in the particular rule for which the waiver is requested.
[ARC 8359B, IAB 12/2/09, effective 1/6/10]