Show All Answers

1. What is a variance?

A variance is an approval or waiver issued by the Department that authorizes a deviation from one or more requirements of the Maricopa County Environmental Health Code (MCEHC) for the construction or modification of a public or semi-public pool, wading pool or special use pool, spa or artificial bathing lake if, in the opinion of the Department, a health hazard, safety or nuisance will not result from the deviation.

To assist you to obtain approval for designs that include commonly submitted pool and spa features that are not addressed in the regulations, the Department has posted a reference tool. The document provides design guidance for a list of features that can be approved in plan review without a variance, and features that can be approved through a time-saving, direct appeal variance process. It also lists features that must be submitted through the formal variance process. Typical stipulations are included for each variance.

Additional information about variances can be found on the
Variance Information page.

2. How do I obtain a variance?

A variance may be requested by submitting a Variance Request application for the construction or modification of public and semi-public pool, wading pool or special use pool, spa or artificial and semi-artificial bathing lake with explanatory documentation, pertinent material, exhibits, photographs, and any material necessary to inform one as to the reason for the variance request. The Variance Request application and instruction forms can be obtained from the Forms/Applications page.

Variance requests are reviewed by the Swimming Pool Advisory Committee (SPAC) at a hearing open to the public. Swimming Pool Variance hearings are scheduled to be heard every second Thursday of the month when properly filed with the Division. A letter is sent to the Applicant in advance of the hearing notifying the Applicant of the date, time and location of the hearing. Once the hearing has been completed, the SPAC recommends the approval or disapproval of the request to an Environmental Health Officer. The Environmental Health Officer renders a final decision within ten (10) days of receiving the Committee recommendations. A letter will be sent to the Applicant notifying the Applicant of the decision.

If the Applicant for the variance request is dissatisfied with the decision of the Environmental Health Officer, the Applicant may appeal to the Board of Health. Such appeals shall be presented to the Secretary of the Board of Health in writing, within thirty (30) days after the filing of the decision of the Environmental Health Officer.
Forms/Applications page