The Board may, upon written application of any employer affected by the provisions of this chapter, permit a variance from any provision if the Board finds that the application of the provision would result in exceptional or undue hardship in performing the work.
A variance may be granted only where, and to the extent, necessary to ameliorate the exceptional or undue hardship, and only when compensating factors are present that give adequate protection to the employee and others.
A variance shall be granted only when it can be granted without impairing the intent and purposes of the D.C. Industrial Safety Program for diving operations.
Any variance the Board may grant shall be limited to the particular case covered by the application.
D.C. Mun. Regs. tit. 24, r. 24-3001