Cal. Civ. Code § 37.111.1231
37.111.1231 VARIANCES
Operative Text
(1) The regulatory authority may grant a variance to a requirement of this subchapter if, in the opinion of the 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 to 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 regulatory authority to establish that a health hazard or nuisance will not result from granting the variance. (3) The 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 and equitable application of the law.
Mont. Admin. R. 37.111.1231 establishes a process by which a regulatory authority can grant a formal exception—called a variance—to certain requirements in this subchapter of Montana's administrative rules. A variance may only be approved when the regulatory authority determines that no health hazard or nuisance will result from allowing the exception. The provision also requires that before any local regulatory authority issues a variance, it must consult with the state department to promote consistent and fair application of the rules across establishments.
Plain English — not legal advice.
Under Mont. Admin. R. 37.111.1231, operators of regulated establishments who cannot meet a specific subchapter requirement may apply for a variance by submitting a written explanation of why compliance is not feasible, the scope and duration of the exception sought, and a description of how the rule's underlying intent will still be satisfied. A compliant operator ensures that all variance application materials and the regulatory authority's decision are kept in the establishment's file for as long as the variance remains in effect. Operators generally work proactively with the local regulatory authority and understand that the authority must also consult with the state department before any variance is officially issued.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Admin. R. 37.111.1231 gives tenants and the public a framework for understanding when and how a regulated establishment may be operating under an approved exception to standard health and safety requirements. Because the regulatory authority must retain variance applications and decisions in the establishment file, individuals who have concerns about a specific variance may inquire with the local regulatory authority about what exceptions are on record. Those with questions about whether a granted variance adequately protects public health can reach out to the state department or a tenant-rights organization for guidance on available options.
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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