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(A) The Health Authority may grant a variance by modifying or waiving the requirements of this chapter, if in the opinion of the Health Authority, a public health hazard or nuisance will not result from the issuance of the variance. If a variance is granted, the Health Authority shall retain all pertinent information in the food establishment's file. A variance is non-transferable between owners.
(B) Before a variance from a requirement of this chapter is approved, the person requesting the variance shall supply the Health Authority with information such as, but not limited to, the name and location of the business, the section in which the variance is being requested, and information that demonstrates the conditions that exist which warrant the granting of a variance. Any person who requests a variance for the provisions of this chapter shall have the burden of supplying the Health Authority with the information necessary to support the request. The Health Authority shall retain this information in the food establishment's file.
(C) If the Health Authority grants a variance, the permit holder shall comply with the plan and procedures that are submitted and approved as a basis for the modification or waiver, and shall also maintain and provide to the Health Authority, upon request, records that demonstrate compliance.
(D) A variance can be revoked or expire if in the opinion of the Health Authority the variance results in a public health hazard or nuisance, there is a change of circumstances from those supporting the variance, or there is a change of ownership of the food service establishment.
(E) Variances may not be transferred from one person to another person, nor be applicable at any location, building, or place other than that for which it was issued.
(F) If a variance has been denied by the Health Authority, an appeal can be made requesting a hearing before the Macon County Board of Health. The hearing process is described in § 91.25.
(Ord. O-132-11-18, passed 11-8-2018)