The director may grant written permission to individual camp operators to vary from the provisions of this chapter or the rules of the department when the extent of the variation is clearly specified and it is demonstrated to the director's satisfaction that:
1. Such variation is necessary to obtain a beneficial use of an existing facility.
2. The variation is necessary to prevent a substantial difficulty or unnecessary hardship.
3. Appropriate alternative measures have been taken to protect the health, safety, and welfare of any inhabitants of a migrant labor camp and assure that the purpose of the provisions for which variation is sought will be observed.
Written application for such variations shall be filed with the director and local board of health serving the area in which the migrant labor camp is situated. No such variation shall be effective until granted in writing by the director.
[C71, 73, 75, 77, 79, 81, § 138.12]
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