New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 16 - CHILD CARE LICENSING
Part 2 - CHILD CARE CENTERS, OUT OF SCHOOL TIME PROGRAMS, FAMILY CHILD CARE HOMES, AND OTHER EARLY CARE AND EDUCATION PROGRAMS
Section 8.16.2.16 - VARIANCES - NEW CHILD CARE FACILITY
Current through Register Vol. 35, No. 18, September 24, 2024
A new child care facility may be located in an existing building or a newly constructed building.
A. If opened in an existing building, the licensing authority may grant a variance for those building requirements the child care facility cannot meet provided any variance is not in conflict with existing building and fire codes.
B. A new child care facility opened in a newly constructed building will meet all requirements of these regulations.
C. The licensing authority will make all variances granted a permanent part of the child care facility file.
D. The licensing authority may grant a variance for those requirements contained in 8.16.2.8 NMAC related regulations and codes if the licensee provides written documentation from the relevant authority identified in these regulations that the licensee complies with those requirements or has been granted a waiver or variance from them.
