Cal. Civ. Code § 37.111.307
37.111.307 VARIANCES
Operative Text
(1) An operator of a bed and breakfast establishment may request from the regulatory authority a variance to waive or modify construction or food equipment requirements contained in this subchapter. The request must be in writing, and must: (a) demonstrate that the variance requested does not have the potential to cause adverse public health or safety effects and no other reasonable alternative exists; and (b) describe any measure that will be taken to assure that public health and safety are maintained. (2) The regulatory authority will maintain a record of the variance requests submitted along with the regulatory authority's responses.
Mont. Admin. R. 37.111.307 establishes a formal process by which bed and breakfast operators can seek permission to deviate from standard construction or food equipment requirements that would otherwise apply under the subchapter. A variance request must be submitted in writing and must show both that the deviation poses no potential adverse public health or safety effects and that no reasonable alternative exists, along with a description of measures to preserve public health and safety. The regulatory authority is required to keep records of all such requests and its responses to them.
Plain English — not legal advice.
Under Mont. Admin. R. 37.111.307, bed and breakfast operators who face construction or food equipment requirements that are difficult or impossible to meet in their specific facility generally prepare a written variance request that clearly addresses both the absence of public health or safety risk and the lack of reasonable alternatives. Compliant operators also document the specific measures they will implement to maintain public health and safety standards in lieu of the standard requirement. Keeping copies of the submitted request and any response from the regulatory authority is consistent with the recordkeeping expectations the rule places on the regulatory authority itself.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mont. Admin. R. 37.111.307 gives guests and the public an indirect protection: any variance from standard construction or food equipment rules at a bed and breakfast must be formally approved, and the regulatory authority must maintain records of all requests and responses. Members of the public who have concerns about whether a bed and breakfast is operating under an approved variance, or whether health and safety standards are being maintained, can contact the relevant regulatory authority to inquire about those records. Tenant-rights organizations or consumer health advocacy groups can help individuals understand what information is publicly accessible and what complaint avenues may be available.
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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