Section 16.03.22.050 - VARIANCESThe Licensing Agency may grant a variance provided the following criteria are met.
01.Written Request. A written request for a variance must be sent to the Licensing Agency. The request must include the following: a. Reference to the rule for which the variance is requested;b. Reasons that show good cause why the variance should be granted, the extenuating circumstances which caused the need for the variance, any compensating factors or conditions that may have bearing on the variance such as additional floor space or additional staffing; andc. Written documentation that ensures residents' health and safety will not be jeopardized if a variance is granted.02.Temporary Variance. A temporary variance may be granted for a specific resident or situation. The variance expires when the resident no longer lives at the facility or when the situation no longer exists.03.Continuing A Variance. The Licensing Agency reviews the appropriateness of continuing a variance during the survey process. If the facility administrator wishes to continue the variance, an annual request must be submitted to the Licensing Agency in writing.04.Decision to Grant a Variance. The decision to grant a variance will not be considered as a precedent or be given any force or effect in any other proceeding.05.Revocation of Variance. The Licensing Agency may revoke a variance if circumstances identify a risk to resident health and safety.Idaho Admin. Code r. 16.03.22.050