64E-14.003. Construction Procedures, Variances

(1) Notice of Construction. Any and each person who is planning to construct, enlarge, remodel and occupy, or use a migrant labor camp or residential migrant housing or to convert a property for use or occupancy as a migrant labor camp or residential migrant housing shall give notice in writing of intent to do so to the department at least 45 days before the date of beginning such construction, enlargement or renovation. The notice shall give the location of the property within that county, a proposed construction plan, enlargement or renovation drawn to scale for the department to determine compliance with all rules and the name and mailing address of the person giving the notice. The plan shall include the location and description of the type of water supply and sewage disposal systems if the facility is not planned for connection to municipal systems.

(2) Variances. A person may apply for a permanent, structural variance from specific standard(s) by filing an application for such a variance with the Department of Health. The variance request shall be in writing and it must:

(a) Clearly specify the standard(s) from which the variance is desired;

(b) Provide adequate justification that the variance is necessary to obtain a beneficial use of an existing facility, and to prevent a practical difficulty or unnecessary hardship; and

(c) Clearly set forth the specific alternative measures that the owner or operator has taken to protect the health and safety of occupants and adequately show that such alternative measures have achieved the same result as the standard from which the variance is sought.

(3) Each request for a variance shall be accompanied with a check for $100, made payable to the Bureau of Community Environmental Health, and it shall be sent to the local County Health Department for the county in which the variance is requested.

(4) Within 30 days after receipt of the variance application, the department shall review the application and request from the applicant submission of all additional information necessary for the department to make a determination on the variance request. The department shall, in writing, grant or deny the variance within (90) days of receipt of the variance application, or within 90 days of receipt of all additional information necessary to complete the application when a request for additional information has been made by the department in accordance with this section. Failure of the department to grant or deny the variance within 90 days, shall constitute harmless error, and shall not provide the basis for an argument that the variance was, in fact, granted.

(5) For the purpose of the rule, this subsection has the same meaning as Section 381.0086(6), F.S.

Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0083, 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.53, Amended 8-6-92, 11-17-94, Formerly 10D-25.053, Amended 9-12-99, 9-30-08.