N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 6-2.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 6-2.6 - Variance and waivers

(a) Variance. The permit-issuing official may, on written application and after review, grant a variance from a specific provision of this Subpart subject to appropriate conditions which shall include a time schedule for compliance where such variance is in harmony with the general purposes and intent of this Subpart, and where there are practical difficulties or unnecessary hardship in complying with such provision.

(b) Waiver. The permit-issuing official may waive, in writing, any of the requirements of this Subpart, and include the waiver as a condition of the permit to operate, when it reasonably appears that the public health will not be endangered by granting of such waiver and adequate alternative provisions have been made to protect the safety of the bathers and the public health. A copy of the waiver and description of the alternative provisions shall be submitted by the permit- issuing official to the State Commissioner of Health at the time of issuance. Such waiver shall remain in effect for a period of time, concurrent with the operating permit, unless sooner revoked for cause by the permit-issuing official.