(A) Upon written request, the Board of Health of the City Health District may grant to a residential care facility a variance from the requirements of any of the provisions of this chapter. Variances from specific building, health, fire and safety code provisions will be reviewed by the Board according to the procedures defined in those particular codes.
(B) A facility shall submit a variance application, supplied by the Board, accompanied by a written report explaining the reasons why the variance should be granted.
(C) The application for a variance and the written report shall be submitted to the Board through the Health Commissioner.
(D) The Board may grant a variance only upon being satisfied that an undue hardship exists and that to grant the variance would not cause harm to the residents of the facility or to the public.
(E) Within thirty days of receipt of the variance application and report, the Board may grant or deny the application as submitted, or may amend the application before approving it.
(F) The decision of the Board on the variance application shall be final. Such decisions may be appealed to the Court of Common Pleas.
(G) If a variance is granted, it shall be stated in writing and sent to the facility. Such variance shall be effective for a one-year period or for such lesser period of time as the Board may determine.
(H) An approved variance shall be reviewed each time a license is renewed.
(Prior Code, § 872.06) (Ord. 162-1979, passed 7-23-1979)