New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 2 - Family and Children's Services
Part 413 - Child Day Care Definitions, Enforcement and Hearings
Section 413.6 - Waivers

(a) A written waiver of one or more non-statutory requirements of this Part or of Part 414, 416, 417 or 418 may be issued by the office to an applicant or a licensee or registrant at the time of application or subsequent to the issuance of a license or registration. Licensees or registrants must operate in full compliance with the regulations at all times prior to the issuance of a written waiver.

(b) An applicant or licensee or registrant must submit to the office a written request for a waiver on forms provided by the office, or approved equivalents. This written application must include:

(c) The office may require the applicant, licensee or registrant to make physical plant modifications or adopt special methods or procedures to protect the health, safety and well-being of children before a waiver is granted pursuant to this subdivision.

(d) Written approval for a waiver will be granted only upon a determination by the office that the proposed waiver will not adversely affect the health, safety or well-being of children, and that the purpose of the regulation which is waived will be met. Waivers may be time limited, at the discretion of the office.

(e) Failure to adhere to the terms of the waiver will result in rescission of the waiver and may constitute sufficient cause for the office to deny, revoke, suspend or limit a license or registration.