Environmental Health Division
Last Updated: 11/16/2022
MDH has the authority to grant a variance to various Division of Environmental Health rules as described in Minnesota Rules, parts 4717.7000 through 4717.7050.
A Variance Request must:
- Be granted from MDH prior to performing or implementing any activities requested in the variance.
- Be submitted by a facility registered with the X-ray Unit and will not be reviewed until the facility has registered with MDH.
- Include a signature from the administrator and radiation safety officer.
- Be requested by a registrant, not through a manufacturer, seller, distributor, or service representative on behalf of a registrant.
A variance request must contain the following items:
- The rule citation (e.g. Minnesota Rules, part 4732.XXXX, item X, ....) and the specific language in the rules from which you wish to vary.
- The reasons why the requirements in the rule cannot be met. NOTE: Expense is not a reason to request a variance.
- The alternative measures or procedures that you will take to provide a comparable degree of protection to the public health or the environment if a variance is granted.
- The length of time for which the variance is requested.
- A statement that you will comply with the terms of the variance, if granted.
- Other relevant information which is necessary for MDH to evaluate your request. This should include photos, diagrams or other documents that indicate the location, and type.
In granting a variance, alternative measures or conditions attached to a variance, have the force and effect of MDH Chapter 4732, X-ray Rules. If the variance conditions are violated, the registrant is subject to enforcement actions and penalties the same as if you violated the MDH Chapter 4732, X-ray Rules.
All sections of the request must be completed or your submittal will be returned. Incomplete requests will not be reviewed and will be returned to the registrant.