Variance Requests — Pool Code
Pool Rule Variance Request Form (PDF: 34KB/3 page)
Minnesota Rules, part 4717.3975 allows submittal of a request for a variance from rules in the Minnesota Pool Code. The requirements for making a variance request are found in Minnesota Rules, parts 4717.7000 to 4717.7050.
| 4717.7000 | Variance request. |
| 4717.7010 | Criteria for decision; conditions. |
| 4717.7020 | Notification of decision. |
| 4717.7030 | Effect of alternative measures or conditions. |
| 4717.7040 | Renewal of variance. |
| 4717.7050 | Denial, revocation, or refusal to renew; appeals. |
The Pool Code and specific language on procedures for requesting a variance, criteria for decision; conditions for variance; notification of decision; effect of alternative measures or conditions; renewal of variance; denial, revocation, or refusal to renew a variance; and appeal procedure may be found on the website for the Legislative Revisor of Statutes at http://www.revisor.leg.state.mn.us/arule/4717/.
Go to > top
Summary of the Variance Process
Variances to the Pool Code may be requested in writing in accordance with Minnesota Rules 4717.7000 – 4717.7050. The request must be on the letterhead of the pool owner, and signed by the pool owner. For example, the owner of a high school pool is the school district superintendent; for a municipal pool the owner is the mayor or city administrator. Information on each of the following items is required, and requestors should refer to the rule for preparation of a variance request:
- The rule(s) that the variance is/are requested for. (i.e. specify rule number 4717.****)
- The alternative measures that will be taken to assure a comparable measure of health protection.
- The reason the rule(s) can’t be met.
- The length of time for which the variance is requested (e.g., month, season, year, forever)
- A statement that the party applying for the variance will comply with the terms of the variance, if granted.
- Other relevant information the commissioner determines necessary to properly evaluate the request for the variance. This would typically include plans and specifications for pool(s), and may include other information as well, such as justification for why alternative measures provide comparable health protection.
Requestors should be aware that not all variances requested are granted, particularly if it cannot be demonstrated that the conditions of variance will provide as much health and safety protection as is provided by the rule. In considering a request for variance, the Commissioner does not accept financial constraints or hardships as reason for why a rule concerning health and safety cannot be met. In addition, variances may be set for a specific time frame. This may be done when a plan must be developed to bring a facility into compliance with a rule.
The variance request is a legal document. Therefore faxes, e-mails and verbal requests are not acceptable. The variance request should be sent to:
Minnesota Department of Health
Swimming Pool Engineering
625 North Robert Street
P.O. Box 64975
Saint Paul, MN 55164-0975
If you have additional questions, please feel free to call steve.klemm@state.mn.us at 651-201-4503.
Go to > top