b) Persons counted in the staff-to-youth ratio must be present, awake and free from responsibilities other than those directly related to the care and supervision of the residents when they are present. These responsibilities may include food preparation and light housekeeping to maintain the areas where youth care is provided.

1. 1) The Director of the Department or his or her designee may waive the awake night staff requirement for live-in arrangements when the facility has demonstrated that the well being of the youth can be protected in accordance with the requirements of this Part.
2. 2) A request for a waiver of the awake night staff requirement shall be in writing and the Director's decision shall be in writing.