3701-29-20 Variance.

(A) The board of health may grant a variance from the requirements of rules 3701-29-01 to 3701-29-21 of the Administrative Code(Ohio Sanitary Code) as will not be contrary to the public interest, where a person shows that because of practical difficulties or other special conditions their strict application will cause unusual and unnecessary hardship. However, no variance shall be granted that will defeat the spirit and general intent of said rules, or be otherwise contrary to the public interest.

(B) Experimental systems may be installed under the provision of paragraph (A) of 3701-29-20 provided the director of health concurs in writing with the design and evaluation plan.

(C) Household sewage disposal system components or household sewage disposal systems differing in design or principle of operation from those set forth in rules 3701-29-01 to 3701-29-21 of the Administrative Code, may qualify for approval as a special device or system; provided, comprehensive tests and investigations show any such component or system produces results equivalent to those obtained by sewage disposal components or systems complying with such regulations. Such approval shall be obtained in writing from the director of health.

(D) Rules 3701-29-01 to 3701-29-21 of the Administrative Code(Ohio Sanitary Code) are minimum standards. A board of health may adopt more stringent standards when local conditions indicate such standards are necessary.

Replaces: 3701-29-20

Effective: 07/30/2007
Promulgated Under: 119.04
Statutory Authority: Sec. 120.02 of Am. Sub. HB 119 (127th G.A.)
Rule Amplifies: Sec. 120.02 of Am. Sub. HB 119 (127th G.A.)
Prior Effective Dates: 7/1/1974, 7/1/77, 7/2/07