Section 801.25  Variances and Waivers

a)         Requests for variances or waivers from compliance with any Section in this Part shall be submitted in writing to the Deputy Director for review and decision.  The request shall contain a detailed description of the requested variance or waiver, an explanation of why such a variance or waiver is deemed necessary, and an indication of why strict compliance with the particular standard would result in undue hardship.

b)         Variances may be granted for specific time periods pending compliance.  Waivers may be granted for the term of the license. However, no variance or waiver will be granted if:

1)         The Deputy Director determines that the variance or waiver would jeopardize the safety, security, or programming of the facility; or

2)         The variance or waiver involves compliance with local building, zoning, health, sanitation, or other safety requirements as specified by federal, State, or local laws or compliance with the fire safety requirements of the State Fire Marshal, unless the facility submits written approval obtained directly from the other relevant regulatory body.