§ 17-82. Waivers.

(a)

The council, by resolution, may grant a waiver from the application of a specific provision of these regulations; provided that prior to the granting of any such waiver, the applicant for waiver shall clearly establish that compliance with a specific provision of these regulations would cause the applicant undue financial hardship or that other factors exist which would render strict compliance unreasonable.

(b)

Every waiver granted shall be subject to such conditions or restrictions as may be necessary in order to minimize the adverse effects of such waiver upon persons subject to involuntary exposure to secondhand smoke and to ensure that such waiver is in harmony with the general purpose and intent of these regulations.

(c)

Waivers granted pursuant to this section shall be valid for a period of not more than twenty-four (24) months and may be renewed upon application to the council. Applications for renewal shall be reviewed in the same manner as provided for applications for waiver.

(d)

Any person seeking a waiver from a provision of these regulations shall do so by filing a written petition stating the grounds for such a waiver consistent with the provisions herein with any councilmember.

(e)

The council may revoke any existing waiver for false information provided during the application process, substantial noncompliance with conditions set forth upon granting of waiver, or upon presentation to it that substantial and previously undetected health risks make such a waiver untenable.

(Res. No. 80006, § 3.2, 7-12-95)