(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.