OAR 333-031-0085: Variance

(1) The Division may grant a variance from the requirements of OAR 333-031-0002 through 333-031-0075 as follows: (a) Where it is demonstrated to the satisfaction of the Division that strict compliance with the rule would be highly burdensome or impractical due to special conditions or cause; (b) Where the public or private interest in the granting of the variance is found by the Division to clearly outweigh the interest of the application of uniform rules; and (c) Where such alternative measures are provided which in the opinion of the Division will provide adequate health and safety protection. (2) Such variance authority is not conferred upon any county notwithstanding delegated or contractual authority in the administration and enforcement of travelers’ accommodation and recreation park statutes and rules.