Section 4-2.8 - Variances and waivers

4-2.8 Variances and waivers.

(a) Variances. In order to allow time for compliance with this Subpart, a facility may submit a written application to the department for a variance from any provision of this Subpart, for a period not exceeding 90 days, accompanied by an explanation of why such variance will not present a danger to public health. The department may approve such application for a variance in writing, subject to any conditions that it may deem appropriate to protect public health. The department may revoke such variance upon a determination that the variance may present a danger to public health.

(b) Waivers. The department may issue a written general or specific waiver with respect to any provision of this Subpart, subject to any conditions the department may deem appropriate, where the department is satisfied that such waiver will not present a danger to public health. The department may revoke such waiver upon a determination that the waiver may present a danger to public health.
 

Effective Date: 
Wednesday, July 6, 2016
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, section 225(5)(a)