(1) Except as otherwise provided in 115 CMR 7.00: Standards for All Services and Supports and 8.00, no waiver may be granted by the Department without a petition by the provider and a determination by the Department that:

1. (a) the health, safety, or welfare of individuals served and staff will not be adversely affected by granting the waiver; and
2. (b) the provider, in petitioning for the waiver, has stated an alternative standard which is found by the Department to result in a comparable quantity and quality of services and supports, and to which the provider agrees to be held accountable to the same degree and manner as any provision of 115 CMR.