N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 182-1.13
Residential programs may apply to the office for a specific exception to compliance with the requirements of this Subpart, where not expressly prohibited by statute. The office may grant a variance, in its discretion, only when doing so will not jeopardize the health, safety and welfare of the youth in such program. Residential programs that are not funded as part of any municipality's approved comprehensive plan may apply to the office for variances related to the age of youth served or the length of time youth may remain in such programs subject to the same limitations placed on municipalities.
Application for a permanent variance may be made where a program is unable to achieve compliance as required by this Subpart.
Application for a temporary variance may be made where a program is only temporarily unable to comply as required by this Subpart. A temporary variance shall not be effective for more than one year after its issuance.
The variance application shall include the following:
If a variance is granted, the director of the division shall list any special requirements or conditions imposed on the program. The variance and any special requirements or conditions imposed shall become the standard for compliance with the specific rule, regulation or provision at issue for the program involved.
When a variance is denied, the written determination of the director shall set forth the specific facts and reasons for such denial.
N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 182-1.13