(a) The Office of Early Childhood may grant alternative compliance with this part if the Office of Early Childhood 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 requirement for which the home is making the request.

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

1. (1) Department of Health;
2. (2) Local fire marshal; or
3. (3) State Fire Marshal’s Office.

(c) To request alternative compliance, the following procedure shall be initiated by the person responsible for the operation of the home:

1. (1) The applicant or licensee shall submit the request for alternative compliance in writing; and

2. (2) The request shall include:

   1. (A) The specific standard for which alternative compliance is sought;
   2. (B) An explanation of how the alternative form of compliance is equal to or exceeds the stated requirement;
   3. (C) Full justification and description of:

(i) What the alternative compliance method will be; and

1. (ii) The method by which the facility will carry out this plan to be able to continue to provide for the health, safety, and welfare of children as intended by the requirement; and

   1. (D) The applicant or licensee shall provide:

      1. (i) Clear and supportive evidence; and
      2. (ii) Upon request of the Office of Early Childhood, an expert’s opinion on:

(b) (b) How it will protect through the alternative means of compliance.

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

(e)

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

(g) The Office of Early Childhood reserves the right to deny requests for alternative compliance when it finds that such a request does not:

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