§ 22-70. Variances.

(a)

Any food service establishment may request a variance from any requirement of this article and adopted references when such an establishment believes that the requirements results in an undue economic hardship or when it is believed a standard may not apply to the specific situation.

(b)

Requests shall be submitted in writing to the Livingston County Health Department and shall include the name and location of the business, the name of the licensee or prospective licensee when applicable, and the section for which a variance is being requested. Evidence of undue economic hardship should include estimates and costs for compliance. If it is believed that a standard may not apply to the specific situation, an explanation shall be included.

(c)

Any person who requests a variance for the provisions of these regulations shall have the burden of supplying the Livingston County Health Department with information that demonstrates the conditions exist which warrants the granting of a variance. All doubts shall be resolved in the interest of the public's health and safety and in the favor of denial.

(d)

The board of health may grant a variance if:

(1)

Such variance is consistent with the purpose and intent of the most current edition of the Illinois Food Code and its associated acts and codes and this article;

(2)

It is consistent with the protection of the public health;

(3)

In the opinion of the regulatory authority, a health hazard or nuisance will not result from the variance;

(4)

The circumstances of the food service establishment are unique;

(5)

The cost of compliance is so great that it would threaten economic viability of the food service establishment or the food service establishment would be in grave jeopardy if compliance were enforced; and

(6)

The damage to the food service establishment's economic viability is in fact caused by compliance.

(e)

A variance shall be revoked or expire if:

(1)

In the opinion of the Livingston County Health Department the variance results in a health hazard or nuisance;

(2)

There is a change of circumstances from those supporting the variance; or

(3)

There is a change of ownership of the food service establishment.

(f)

Any food service establishment for which a variance has been denied may appeal such denial by requesting a hearing before the board of health.

(Res. No. 2013-07-39, 7-11-2013; Res. No. 2017-08-34, 8-17-2017)