| (a) DADS may grant a waiver for certain provisions
of the physical plant and environment requirements of DADS licensure
standards, which, in DADS opinion, would be impractical for a center
to meet. In granting the waiver, DADS, on a case by case basis, determines
if:
(1) there are adverse effects on the health and safety
of a minor if the center does not meet the licensure requirement;
and
(2) the center will experience an unreasonable hardship
if the requirement is not waived.
(b) DADS may require a center to offset or comply with
an equivalent provision if DADS grants a waiver. A center must demonstrate
an equivalent safety feature by utilizing the National Fire Protection
Association 101A, Guide on Alternative Approaches to Life Safety,
for waivers of the Life Safety Code.
(c) A DADS waiver is not transferable in a change of
ownership and is subject to DADS review or revocation upon any change
in circumstances at the center.
|
| Source Note: The provisions of this §550.1224 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875 |
