N.M. Admin. Code § 8.14.14.27

Current through Register Vol. 35, No. 21, November 5, 2024

Section 8.14.14.27 - WAIVERS AND VARIANCES

A. A waiver means the department refrains from enforcing compliance with a portion of these standards for a limited time period provided the health, safety, and welfare of the juveniles and staff are not in danger. Waivers are not favored and will be granted at the sole discretion of the secretary for emergencies or other exceptional circumstances. Failure to plan, negligence, or other such similar factors are not grounds for a waiver. A waiver must be requested in writing. The factors to determine if a waiver shall be granted are based on the following:

(1) impact on the juveniles' health and safety,

(2) impact on staff safety,

(3) impact on any security measures in place, and

(4) the best interests of the community.

B. Any waiver must be in writing and must specify the time period of the waiver.

C. If on the date these standards are promulgated, a center is providing services prescribed under these standards, but fails to meet all building requirements, a variance may be granted at the sole discretion of the secretary if:

(1) the variance requested does not create a hazard to the health, safety, or welfare of the juveniles and staff,

(2) the variance requested does not deny access to any disabled person who is otherwise qualified to receive services from or visit the center,

(3) the building requirements for which variances are granted cannot be corrected without an unreasonable expense to the center,

(4) the variance requested is not in conflict with existing building codes, and

(5) the variance requested is recorded and made a permanent part of the center file.

D. Any variance granted continues to be in effect as long as the center continues to provide services pursuant to these standards; and these variances are not transferred to a different center or transferred/assigned upon the sale or transfer of the center from the current applicant.

E. If a new center is opened in an existing building, variances may be granted for those building requirements that the center cannot meet under the same criteria that the previous, certified center had been granted as set out above.

N.M. Admin. Code § 8.14.14.27

Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 1/1/2019