Section He-C 4002.04 - Waivers of Rules(a) Applicants, licensees, or permittees who wish to request a waiver of rules shall contact the unit to initiate the waiver request process.(b) Applicants, licensees, or permittees with a "NH Connections" portal account shall request a waiver through their account or by providing the following information in writing: (1) The program name, address, phone number, email address, and license number;(2) The rule numbers for which the waiver is being requested;(3) A brief explanation of the reason for the waiver, the length of time for which the waiver is requested, how the program will meet the intent of the rule, and any affect the granting of the waiver will have on the health and safety of the children in the program;(4) The number and range of ages of the children who will be affected;(5) The signature of the family child care provider, center director, agency administrator, site coordinator, or site director, as applicable; and(6) A copy of a notice which has been provided to each parent, explaining the specifics of the waiver request and informing parents that they may call the unit if they have any concerns about the requested waiver.(c) A waiver shall be granted to the applicant, permittee, or licensee if the department determines that the alternative proposed by the applicant or licensee: (1) Meets the objective or intent of the rule; and(2) Does not negatively impact the health, safety, or well-being of the children.(d) When a waiver is approved, the licensee's subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.(e) The department shall not approve any request for a waiver of any of the provisions of RSA 170-E or of any rules of other state agencies which are referred to in this chapter.(f) The department shall deny or rescind a waiver request when:(1) The rule for which a waiver is being requested is related to fire safety or environmental health or safety and the requested waiver has not been approved by the fire inspector or local health officer, as required by the department;(2) The program has an outstanding corrective action plan that requires submission and approval by the department;(3) The department finds that approval of the requested waiver will jeopardize the health or safety of children;(4) The department finds that approval of the requested waiver will impair the program's ability to adequately care for children;(5) The department finds that approval of the requested waiver will impair the operations of the program; or(6) The department determines that the program has not submitted a written plan for compliance with the rule or an acceptable plan for satisfying the intent of the rule as an alternative to complying with the rule.N.H. Admin. Code § He-C 4002.04
#2664, eff 3-30-84, EXPIRED 3-30-90
New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by#6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.05)
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12046, Effective 11/19/2016, Expires 5/18/2017.Ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17;Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12415, Effective 11/6/2017, Expires 11/6/2027.Amended by Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032 (formerly He-C 4002.03)