Variance Requests - Pool Code

If you wish to request a variance from any portion of the Minnesota Pool Code (Minnesota Rules, Parts 4717.0150 to 4717.3975), please review the following parts of the code.

• 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

Variance form

• Pool Variance Request Form (PDF)

The variance request is a legal document. Therefore faxes, emails and verbal requests are not acceptable. A variance request must be submitted in writing on the form above, and must include the applicable fee. The variance request fee is not refundable. This fee is in addition to any applicable plan review or license fees.

A variance application takes approximately two weeks to process. However, the time may be significantly longer, depending on the plan review process for the pool. 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

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.

Questions

• Contacts for Swimming Pools Program