N.Y. Comp. Codes R. & Regs. tit. 10, § 67-4.8 – Waivers.

(a) A school may apply to the local health department for a waiver from the testing requirements of this Subpart, for a specific school, building, or buildings, by demonstrating in a manner and pursuant to standards determined by the department, that:
1. (1) prior to the publication date of these regulations, the school conducted testing that substantially complied with the testing requirements of this Subpart;
2. (2) any needed remediation, including re-testing, has been performed; and
3. (3) the lead level in the potable water of the applicable building outlets are currently below the action level.
(b) Local health departments shall review applications for waivers for compliance with the standards determined by the department. If the local health department recommends approval of the waiver, the local health department shall send its recommendation to the department, and the department shall determine whether the waiver shall be issued.