When strict compliance with code requirements is impractical or impossible, individuals may request a variance (a modification) or a waiver (an exception) from the Health Department. Approval of these requests allow for actions or activities that do not fully comply with one or more code provisions, within certain regulated Environmental Health programs.
Currently, the Snohomish County Board of Health Code does not have a general, codified process for submitting variance or waiver requests. The department relies on applicable Washington Administrative Codes (WACs), which provide limited criteria but lack important procedural elements—such as appeal rights, fee structures, and applicant responsibilities.
In general, applicants must identify the specific code requirement(s) they are unable to meet and propose an alternative method that satisfies the intent and achieves the objectives of the original requirement. A variance or waiver may only be approved if, in the opinion of the health officer, the proposed alternative or mitigation measure offers equal or greater protection of public health, safety, and/or the environment—and does not result in a health hazard or nuisance.
The local health officer or local health jurisdiction currently has authority to grant variances and waivers in specific program areas, including:
- Solid waste
- Food safety
- Water recreation facilities
- On-site sewage systems
- Smoking and vaping in public places (certain requirements)
- Some drinking water regulations
However, the local health officer or local health jurisdiction does not have authority to grant variances or waivers in the following program areas:
- School safety
- Contaminated properties and illegal drug manufacturing/storage sites
- Camps
- Majority of drinking water regulations
The intent of this ordinance is to:
- Define "variance" and "waiver”
- Establish a general process for submitting and evaluating variance and waiver requests
- Outline procedures for notifying applicants of decisions and informing them of their appeal rights
- Allow the Health Department to modify or rescind an approved variance or waiver
- Direct users to the relevant program-specific sections of the code for additional variance and waiver requirements