The North Carolina Department of Health and Human Services, Division of Social Services is the licensing authority and shall allow a waiver to a licensing rule or rules to persons subject to licensure pursuant to G.S. 131D, Article 1A in accordance with the following criteria:

1. (1) Persons seeking a waiver shall submit a written request on a form developed by the licensing authority, to the licensing authority showing that another way of meeting a rule maintains the health, safety, and well-being of individuals being served at or above the level required by the rule.
2. (2) No waiver shall be allowed by the licensing authority to any rule based on a standard adopted by the Building Code Council and subject to the general supervision and enforcement of the Commissioner of Insurance.
3. (3) No waiver shall be allowed by the licensing authority to any rule governing fire safety.
4. (4) No waiver shall be allowed by the licensing authority to any rule based upon a standard adopted by the Commission for Public Health.
5. (5) The waiver when allowed remains in effect for the term of the license and may be renewed if the licensing authority determines that the health, safety and well-being of individuals being served are not threatened.
6. (6) Upon receipt of the waiver request form, a decision to grant or deny the waiver shall be made by the licensing authority within 10 business days of its receipt.

History Note: Authority G.S. 131D-10.5; 131D-10.6; 150B‑22; 150B‑23;
Eff. April 1, 1984;
ARRC Objection March 16, 1988;
Amended Eff. May 1, 1990; August 1, 1988;
Temporary Amendment Eff. October 28, 1997;
Amended Eff. October 1, 2008; April 1, 1999;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.