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Licensing Rules for Child Care Centers

R400.8104 Rule variances

Rule 104 (1)

Upon written request of an applicant or licensee, the department may grant a variance from an administrative rule if the alternative proposed provides clear and convincing evidence that the health, welfare, and safety of children is protected.

Rationale

Allows a center to meet the intent of a rule by an alternative means when special circumstances exist. 

Technical Assistance

To request a variance, the center has to:

  • Submit a written request for a variance to a rule. The variance request can be sent to the licensing consultant or can be submitted through the Child Care Hub Information Records Portal (CCHIRP).
  • Describe how the alternative proposed will meet the intent of the rule in a different way.
  • Make sure that the proposed alternative does not compromise the safety of children.
  • Not start using the proposed change until written approval is received from the department.

A recommendation from an environmental health sanitarian or fire safety authority might be needed if the variance is requested on a rule regarding environmental health or fire safety.

Rule 104 (2)

The decision of the department, including the conditions under which the variance was granted, shall be kept on file at the child care center.

Rule 104 (3)

The granted variance may remain in effect for as long as the licensee continues to comply with the conditions of the variance or may be time-limited.

Rationale

Allows flexibility in determining the appropriateness of the duration of a variance. 

Technical Assistance

Reasons a variance may be ended include:

  • The licensee does not comply with the terms of the variance.
  • The variance is no longer necessary or appropriate.

Rule 104 (4)

Variances will not be granted from statutory requirements.
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