(a)      An amusement owner affected by a regulation adopted under this subtitle may apply in writing to the Commissioner for a variance from the regulation.

      (b)      The Commissioner may grant a variance from a regulation adopted under this subtitle if:

            (1)      the variance is necessary to prevent undue hardship; or

            (2)      an existing condition makes compliance with the regulation impracticable and the Commissioner believes that the reasonable safety of the public can be ensured.