55 Pa. Code § 5310.5 – Waiver of standards.

(a) Where the development of community residential rehabilitation services (CRRS) is severely limited by this chapter, a waiver may be granted for a particular section for a period of 6 months and may be renewed three times. Waivers will be applied only in areas where the need for the services and the attempts to meet the standards of this chapter are adequately documented. Waivers are granted by the Office of Mental Health only in exceptional circumstances.
(b) In the case of CRRS sites in operation prior to the adoption of this chapter a permanent waiver may be granted to the requirements of § 5310.73(e)(2)—(7) (relating to physical plant requirements), provided the application in writing is made within 90 days of the effective date of these standards.
(c) A waiver request must meet all three conditions:
1. (1) The request with adequate justification is submitted as required by Chapter 20 (relating to licensure or approval of facilities and agencies).
2. (2) The request does not represent a danger to the health, safety or well-being of the client.
3. (3) The request complies with the intent of the provision to be waived.