(a) The facility may submit a written request for a waiver on a form prescribed by the Department, and the Department may grant a waiver of a specific section of this chapter if the following conditions exist:

1. (1) There is no significant jeopardy to the children.
2. (2) There is an alternative for providing an equivalent level of health, safety and well-being protection of the children.
3. (3) The benefit of waiving the regulation outweighs any risk to the health, safety and well-being of the children.