(a) The Office of Early Childhood may grant alternative compliance with this part if the office determines that the alternative form of compliance:

1. (1) Offers equal protection of health, safety, and welfare to children; and
2. (2) Meets the basic intent of the requirements for which the center is making the request.

(b) The office shall consider all requests for alternative compliance with the licensing requirements except those requirements that are enforced by:

1. (1) The Department of Health, local fire marshal, or State Fire Marshal's office; and
2. (2) Applicable city ordinances, including zoning.

(e) The request shall include:

1. (1) The specific standards for which alternative compliance is sought;
2. (2) An explanation of how the alternative form of compliance is equal to or exceeds the stated requirements;
3. (3) Full justification and description of what the alternative compliance method will be and the method by which the facility will carry out this plan to continue to provide for the health, safety, and welfare of children as intended by the requirements; and

4. (4) The applicant or licensee shall provide:

   1. (A) Clear and supportive evidence; and
   2. (B) Upon request of the office, an expert’s opinion on the effect of the request on health, safety, and welfare of the children.

(f)

1. (1) A separate written request shall be submitted for each requirement for which alternative compliance is sought.
2. (2) The approved alternative compliance is effective for the duration of the license unless a shorter time frame is specified.

(g)

1. (1) The granting of alternative compliance for a requirement shall in no way constitute a precedent.
2. (2) If an alternate means of complying with the requirement is granted by the office and the facility fails to satisfactorily implement this alternate means, the original requirement for which alternative compliance was sought shall become immediately enforceable.

(i) The office shall have the right to deny requests for alternative compliance when it finds that such requests do not:

1. (1) Adequately protect the health, safety, and welfare of children; and
2. (2) Meet the intent of the requirements.