This ordinance establishes a general process for submitting and evaluating variance and waiver requests by amending section 1.05 of the Snohomish County Board of Health Code (SCBHC). The Board of Health received a briefing in May 2025 regarding this ordinance; since then, there has been a few minor revisions:

1. In 1.05.020, which outlines definitions, there was an accidental repeat for definition of “Snohomish County Code.” This has been corrected to only list the definition once.
2. In 1.05.100(D), which covers the notice of variance/waiver applications, the language “affected parties” was changed to “an aggrieved person.” This is because SCBHC defines aggrieved person in 1.05.020, but not affected parties.
3. In 1.05.100(E), which covers the decisions of variance/waiver applications, an instance of “shall” was changed to “may” to clarify that the Health Officer’s decision to grant a variance or waiver is discretionary, not required.

There was a request at the briefing for Health Department staff to report back to the Board of Health within one to two years of this ordinance being adopted about variances and waivers that were approved or denied. This briefing would help identify trends and inform potential Health Code changes. This briefing has been added to the Board of Health’s 2027 work plan.

The substance of the ordinance is the same as what was presented in May. To review, when 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.

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 department relies on applicable Washington Administrative Codes, which provide limited criteria but lack important procedural elements—such as appeal rights, fee structures, and applicant responsibilities. The ordinance closes this gap by defining “variance” and “waiver” and outlining a general variance/waiver application process, including procedures for submitting, evaluating, and notifying applicants of decisions. It also allows the Health Department to modify or rescind an approved variance or waiver. The local health officer or local health jurisdiction currently has authority to grant variances and waivers in specific program areas, and the ordinance includes new language in the SCBHC titles that cover applicable programs.