Variance and waiver

Variance and waiver.

(1) In this section:

(a) “Variance” means the granting of an alternate means of meeting a requirement in this chapter.

(b) “Waiver” means the granting of an exemption from a requirement of this chapter.

(2) Exception to a requirement.

(a) The department may grant a waiver or variance if the department determines that the proposed waiver or variance will not jeopardize the health, safety, welfare or rights of any resident.

(b) A written request for a waiver or variance shall be sent to the department and include justification that the waiver or variance will not adversely affect the health, safety or welfare of any resident for the requested action.

(c) A written request for a variance shall include a description of an alternative means planned to meet the intent of the requirement.

(3) The department may rescind a waiver or variance if any of the following occurs:

(a) The department determines the waiver or variance has adversely affected the health, safety or welfare of the residents.

(b) The CBRF fails to comply with any of the conditions of the waiver or variance as granted.