Sec. 10. (a) The division may grant a variance or waiver of a rule governing a provider. A variance or waiver granted under this section must promote statewide practices and must protect the rights of persons affected by this article.
(b) The division may grant a variance to a rule if a provider does the following:
(1) Submits to the division a written request for the variance in the form and manner specified by the division.
(2) Documents that compliance with an alternative method of compliance approved by the division will not be adverse to the health, safety, or welfare of a child receiving services from the applicant for the variance, as determined by the division.
(c) A variance granted under subsection (b) must be conditioned upon compliance with the alternative method approved by the division. Noncompliance constitutes the violation of a rule of the division and may be the basis for revoking the variance.
(d) The division may grant a waiver of a rule if a provider does the following:
(1) Submits to the division a written request for the waiver in the form and manner specified by the division.
(2) Documents that compliance with the rule specified in the application for the waiver will create an undue hardship on the applicant for the waiver, as determined by the division.
(3) Documents that the applicant for the waiver will be in substantial compliance with the rules adopted by the division after the waiver is granted, as determined by the division.
(4) Documents that noncompliance with the rule specified in the application for a waiver will not be adverse to the health, safety, or welfare of a child receiving services from the applicant for the waiver, as determined by the division.
(e) Except for a variance or waiver of a rule governing child care homes, a variance or waiver of a rule under this section that conflicts with a building rule or fire safety rule adopted by the fire prevention and building safety commission is not effective until the variance or waiver is approved by the fire prevention and building safety commission.
As added by P.L.1-1993, SEC.141. Amended by P.L.136-1993, SEC.7; P.L.2-1995, SEC.51; P.L.145-2006, SEC.94; P.L.225-2013, SEC.5.
Structure Indiana Code
Article 17.2. Day Care Regulation
Chapter 2. General Powers and Duties of the Division
12-17.2-2-1. Duties of Division
12-17.2-2-2. Powers of Division
12-17.2-2-3. Division of Family Resources Child Care Fund
12-17.2-2-4. Child Care Center Licensing and Inspection Rules
12-17.2-2-5. Child Care Ministry Inspection Rules
12-17.2-2-5.5. Administrative Rules and Policy Statements
12-17.2-2-6. Monitoring of Licensed Entities
12-17.2-2-7. Investigation of Complaints
12-17.2-2-8. Licensure Exemptions
12-17.2-2-9. Migrant Children's Programs
12-17.2-2-10. Variances and Waivers
12-17.2-2-11. Expiration of Variances and Waivers
12-17.2-2-12. Renewal of Variances and Waivers
12-17.2-2-13. Revocation of Variances and Waivers