33 V.S.A. § 7106: Variance

(a) The licensing agency may grant a variance from the provisions of this chapter or a rule adopted pursuant to this chapter.

(b) Variances may be granted upon determination that:

(1) strict compliance would impose a substantial hardship on the licensee;

(2) the licensee will otherwise meet the goal of the statutory provision or rule; and

(3) a variance will not result in less protection of the health, safety, and welfare of the residents.

(c) A variance shall not be granted from a provision of this chapter or a rule pertaining to residents’ rights.