N.J. Admin. Code § 5:15-1.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:15-1.9 - Exceptions and waivers

(a) Exceptions to the requirements of this chapter may be granted as follows:

1. An owner may request an exception modifying or postponing the application of any rule contained in this chapter which may be granted upon the showing that strict compliance would result in an undue hardship for residents of the facility and that the safety of the residents would not be unreasonably jeopardized if granted.

2. Requests for exceptions shall be filed with the local officer or Bureau, as appropriate, within 20 days of the receipt of the ruling, action or order at issue but in no case after the date for abatement of any violation. The request shall state the rule that the owner wishes to be modified or postponed, the reasons for the request and how the health, safety and welfare of the residents will not be jeopardized if the exception were granted.

(b) Waivers may be granted as follows:

1. A licensee may request a waiver of all or part of the requirements of this chapter. The request may be submitted to the local officer or Bureau at any time, shall be in writing and shall be granted or denied within 15 days of its receipt.

2. The local officer or Bureau shall grant the waiver requested if there are insufficient facilities that meet the requirements of this chapter available for particular populations.

3. Any waiver granted pursuant to this section shall be effective for a period of no longer than 60 days unless the local officer or Bureau has received and approved a plan, submitted by the licensee, which demonstrates how the emergency shelter will be brought into compliance with these rules.

4. The local officer or Bureau shall not disapprove a plan submitted unless the local officer or Bureau determines that there are sufficient funds available to bring the facility into compliance with these rules without decreasing the resident capacity or increasing the staff and the licensee, although eligible, is unable or unwilling to apply for and obtain such funds.

(c) Hospitality rooms shall be exempt from these rules, provided they maintain minimum health and safety standards.

N.J. Admin. Code § 5:15-1.9