1. (a) A waiver excuses an operator from meeting a regulatory standard and substitutes another standard which the operator shall meet. The substituted standard has the same legal effect as the regulatory standard.
2. (b) The operator shall submit the request for waiver to the regional office before the facility is inspected for issuance or renewal of a certificate of compliance.

3. (c) An operator may request a waiver of only the regulatory standards in the following sections:

   1. (1) Physical site requirements in § § 3290.61—3290.78 (relating to physical site).
   2. (2) Equipment requirements in § § 3290.101—3290.107 (relating to equipment).

4. (d) The Department will grant a waiver only if the following conditions are met:

   1. (1) The waiver is not requested as a substitute for correcting a Departmental citation of noncompliance.
   2. (2) The request for waiver does not alter the applicability or purpose of a regulation.
   3. (3) The request shows evidence that the operator has a plan to achieve the objective of the regulation.
   4. (4) The request certifies that the operator will meet regulatory standards related to the health, safety and rights of children.
   5. (5) The request for waiver does not violate or condone noncompliance with another Federal or State law or regulation.
   6. (6) The request for waiver may not jeopardize Federal or State funding.

Authority

The provisions of this § 3290.25 amended under Articles IX and X of the Human Services Code (62 P.S. § § 901—922 and 1001—1088).

Source

The provisions of this § 3290.25 amended December 18, 2020, effective December 19, 2020, 50 Pa.B. 7133.