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HomeHealth and Safety CodeDiv. 26Pt. 4Ch. 4Art. 2§ 42351 Interim Variance Applications

§ 42351 Interim Variance Applications

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 42351 Interim Variance Applications

Key Takeaways

  • •If you ask for a rule change (variance) and want to keep doing something while waiting for a decision, you can ask for a temporary rule change (interim variance).
  • •The temporary rule change can only last until the decision is made or for 90 days, whichever comes first.
  • •You can't get a temporary rule change if the board has already had a hearing about your request or if you're trying to skip the hearing.

Example

A factory wants to change how it handles waste but needs to keep running while waiting for approval.

The factory can ask for a temporary rule change to keep operating under the new waste rules for up to 90 days or until a decision is made. But if the board has already had a hearing about this, the factory can't get the temporary change.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 42351 Interim Variance Applications

(a)  Any person who has submitted an application for a variance and who desires to commence or continue operation pending the decision of the hearing board on the application, may submit an application for an interim variance. (b)  An interim variance may be granted for good causes stated in the order granting such a variance. The interim variance shall not be valid beyond the date of decision of the hearing board on the application of the variance or for more than 90 days from date of issuance of the interim variance, whichever occurs first. (c)  The hearing board shall not grant any interim variance (1) after it has held a hearing in compliance with the requirements of Section 40826, or (2) which is being sought to avoid the notice and hearing requirements of Section 40826. (Amended by Stats. 1976, Ch. 1063.)

Last verified: January 24, 2026

Key Terms

variancecomplianceapplicationhearingcommenceoperationissuance

Related Statutes

  • § 42351.5 Interim Variance Authorization
  • § 42350.5 Small Business Variance Assistance
  • § 42358 Variance Compliance Deadlines
  • § 1639.2 License Renewal Deadlines
  • § 109320 Drug Approval Withdrawal

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 42351.
View Official Source