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 3 - Child-care Agencies
Part 447 - Agency Boarding Homes
Section 447.3 - Exceptions

(a) The department may grant an exception to compliance with one or more provisions of section 447.2 of this Part upon finding that compliance will result in undue hardship upon an agency boarding home. The authorized agency applying for the exception must demonstrate that, aside from the exception, the agency boarding home is in substantial compliance with the provisions of section 447.2 of this Part and that granting the exception will not create any hazardous conditions which could impair the health or safety of the children. An agency boarding home must comply with any alternative requirements the department may consider necessary for the protection of the health or safety of the children. All exceptions must be requested by the authorized agency in writing and approved by the department in writing.

(b) The provisions of this Part that become effective September 1, 1994 shall apply to those agency boarding homes established on or after such date. If compliance with any of the provisions of this Part that become effective September 1, 1994 creates an undue hardship for any agency boarding home in operation prior to such date, the agency boarding home must, within one year of such date, submit to the department a schedule indicating when the agency boarding home will achieve compliance with such provision. The compliance schedule is subject to approval by the department and compliance with all provisions of this Part that become effective September 1, 1994 must be achieved within five years of such date.