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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.
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To request a variance, the center has to:
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.
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Reasons a variance may be ended include:
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Rule 104 (4)
Variances will not be granted from statutory requirements.