La. Admin. Code tit. 51 § XIV-135

Current through Register Vol. 50, No. 11, November 20, 2024

Section XIV-135 - Variances

A. The plumbing official has the authority and discretion to issue a written variance concerning the application of any provision of this code in any particular case when, in his/her opinion based upon the extenuating circumstances presented, it is determined that the health and safety of the public will not be jeopardized.

La. Admin. Code tit. 51, § XIV-135

Promulgated by the Department of Health and Hospitals, Office of Public Health, LR 38:2798 (November 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:4(A)(7) and R.S. 40:5(2)(3)(7)(9)(16)(17)(20).

NOTE: Refer to §203 of this code for the definition of "plumbing official" and "state health officer". Per these definitions, variances to the requirements of this code may be legally issued only by the state health officer acting personally or by certain individuals that the state health officer personally designates. Once a variance has been issued by the state health officer acting in his capacity as the co-State plumbing official, the co-local plumbing official is not necessarily obliged to agree with the granting of such variance. In accordance with R.S. 40:14, the co-Local plumbing official may decide to deny the request for variance at the local level since local plumbing regulations are allowed to be stricter than state plumbing regulations.