Section 3280.13. Waivers

(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 effect as the regulatory standard.

(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.

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

(1) Accreditation requirements which apply to § 3280.34 (relating to primary staff person qualifications and responsibilities).

(2) Physical site requirements in § § 3280.61—3280.81 (relating to physical site).

(3) Equipment requirements in § § 3280.101—3280.108 (relating to equipment).

(4) Program requirements in § § 3280.111—3280.118 (relating to program).

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

(1) The waiver is not requested as a substitute for correcting a Departmental citation of noncompliance.

(2) The request for waiver does not alter the applicability or purpose of a regulation.

(3) The request shows evidence that the operator has a plan to achieve the objective of the regulation.

(4) The request certifies that the operator will meet all regulatory standards related to the health, safety and rights of children.

(5) The request for waiver does not violate or condone noncompliance with another Federal or State statute or regulation.

(6) The request for waiver does not jeopardize Federal or State funding.

(e) A waiver previously granted for staff person qualifications remains in effect for the staff person at the location specified.