N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-4.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7-4.4 - Variance and waivers

(a) Variance. In order to allow time to comply with certain provisions of this Subpart, an operator may submit a written request to the permit-issuing official for a variance from a specific provision(s). The permit-issuing official may grant a variance for a period not to exceed one year when the health and safety of the public will not be prejudiced by the variance and where there are practical difficulties or hardships in immediate compliance with the provision. An operator must meet all terms of an approved variance including the effective date, the time period for which the variance is granted, the requirements being varied and any special conditions the permit-issuing official specifies.

(b) Waiver. In order to obtain a waiver permitting alternative arrangements that do not meet the provisions of this Subpart but do protect the health and safety of the occupants and the public, an operator may submit a written request to the permit-issuing official for a waiver from a specific provision of this Subpart. Such request must demonstrate to the satisfaction of the permit-issuing official that the alternate arrangements provide adequate protection of the health and safety of the patrons and the public. The permit-issuing official may grant or deny a waiver after obtaining and following the recommendation of the State Department of Health and may set conditions on such waiver. An operator must meet all terms and conditions of an approved waiver. A waiver will remain in effect unless revoked by the permit-issuing official or the facility changes operators.