Cal. Civ. Code § 37.111.103
37.111.103 VARIANCE
Operative Text
(1) The local regulatory authority may grant a variance to a requirement of this subchapter if, in the opinion of the local regulatory authority, a health hazard or nuisance will not result from the variance. (2) To apply for a variance, the applicant must submit the following information: (a) a statement as to why the applicant is unable to comply with the rule from which the variance is requested; (b) the nature and duration of the variance requested; (c) a statement of how the intent of the rule will be met and the reasons why the public health or safety would not be jeopardized if the variance is granted; and (d) other information deemed necessary by the local regulatory authority to establish that a health hazard or nuisance will not result from granting the variance. (3) The local regulatory authority must retain the variance application and decision in the establishment file as long as the variance is applicable. (4) Prior to issuing a variance, the local regulatory authority will contact, notify, and consult with the department about any similar variances to help ensure uniform application of the law.
Mont. Admin. R. 37.111.103 establishes a process by which a local regulatory authority in Montana may grant a formal exception—called a variance—to a requirement within this subchapter of housing or establishment rules. A variance may only be approved when the local authority determines that no health hazard or nuisance will result from allowing the exception. Before issuing any variance, the local authority must consult with the state department to promote consistent application of the rules across similar situations.
Plain English — not legal advice.
Under Mont. Admin. R. 37.111.103, operators or property managers who cannot comply with a specific subchapter requirement may seek a variance by submitting a written application to the local regulatory authority. A complete application typically includes an explanation of why compliance is not feasible, the scope and duration of the exception sought, and a description of how the underlying intent of the rule will still be satisfied. Compliant operators keep records of any approved variance and its supporting documentation as part of the establishment file for as long as the variance remains in effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Admin. R. 37.111.103 gives tenants and the public a degree of protection by requiring that any variance granted to an establishment or property operator must not create a health hazard or nuisance. If a tenant believes a variance has been improperly granted or that conditions at a property pose a health or safety concern, they may contact the local regulatory authority to inquire about the variance application and decision on file. Tenant-rights organizations or local health departments can help individuals understand what protections remain in place even when a variance under this provision has been approved.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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