WAC 246-359-050   Minor variances to the temporary worker housing construction standard.  An applicant may apply for a minor variance from the requirements of this chapter by filing a written request with the department.

     (1) Responsibilities of applicant. If requesting a minor variance, an applicant must:

     (a) Submit the following information in writing:

     (i) The specific requirement or requirements from which the variance is requested;

     (ii) Adequate justification that the variance is needed to obtain a beneficial use of the housing or to prevent a practical difficulty; and

     (iii) How the variance will achieve the same result as the requirement and any specific alternative measures to be taken to protect the health and safety of the occupants;

     (b) Pay a fee set by the department according to WAC 246-359-990, Table I; and

     (c) Follow the process stated in WAC 246-359-060, alternate construction, when applicable.

     (2) Department response. The department will provide a written response to the applicant within forty-five days of receipt of the minor variance request. The written response will state the acceptance or denial of the variance, including the reasons for the department's decision. At a minimum the department will make its decision based on:

     (a) The applicant's request as described in subsection (1) of this section;

     (b) Research into the variance request; and

     (c) Expert advice.

     (3) Applicant's response to denials. According to chapter 34.05 RCW the applicant has twenty-one days after receiving the department's written denial, of the variance request, to contest the decision.



[Statutory Authority: RCW 70.114A.081. 99-03-065, § 246-359-050, filed 1/18/99, effective 2/18/99.]