Section 89224 - Exceptions and Waivers(a) Unless prior written licensing agency approval is received as specified in subsection (d) below, a caregiver shall maintain continuous compliance with the licensing regulations.(b) The licensing agency shall have the authority to grant an exception or waiver for a specific regulation(s) if the request: (1) Demonstrates how the intent of the regulation(s) will be met;(2) Is not detrimental to the health and safety of any child; and(3) Is submitted by the applicant or caregiver to the licensing agency as a written request for a waiver or exception, together with substantiating evidence supporting the request.(c) No waiver or exception, pursuant to this section, shall be granted for any provision of Article 3, under this chapter.(d) The caregiver shall retain the licensing agency's written approval or denial of the exception or waiver request on file in the home.(e) A Documented Alternative Plan (LIC 973 and LIC 974), as defined in Section 89201, Definitions, shall only be used for regulations specified in Article 3: (1) Section 89387, Buildings and Grounds for bedrooms, and(2) Section 89373, Telephones.Cal. Code Regs. Tit. 22, § 89224
1. Renumbering of former section 87024 to section 89224, including amendment of section and NOTE, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87024 to section 89224, including amendment of section and NOTE, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section heading, section and NOTE filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10). Note: Authority cited: Sections 1530 and 1530.5, Health and Safety Code; and Section 21 of Assembly Bill (AB) 1695 (Chapter 653, Statutes of 2001). Reference: Sections 1501, 1509, 1525.25 and 1531, Health and Safety Code; and Sections 361.2(j)-(j)(1)(C), Welfare and Institutions Code.
1. Renumbering of former section 87024 to section 89224, including amendment of section and Note, filed 6-26-2002 as an emergency; operative 7-1-2002 (Register 2002, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of former section 87024 to section 89224, including amendment of section and Note, refiled 10-28-2002 as an emergency; operative 10-29-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-2003 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-28-2002 order transmitted to OAL 2-25-2003 and filed 4-9-2003 (Register 2003, No. 15).
4. Amendment of section heading, section and Note filed 3-4-2010; operative 4-3-2010 (Register 2010, No. 10).