Section 3701-22-19 - Variances; waivers(A) The director may grant a variance or waiver from any requirement established by Chapter 3701- 22 of the Administrative Code, unless the requirement is mandated by statute.(B) Written requests by a hospital seeking a variance or waiver should include the following information:(1) The specific nature of the request and the rationale for the request;(2) The specific building or safety requirement in question, with a reference to the relevant administrative code provision;(3) The time period for which the variance or waiver is requested;(4) If the request is for a variance, a statement of how the hospital will meet the intent of the requirement in an alternative manner; and(5) If the request is for a waiver, a statement regarding why application of the requirement will cause undue hardship to the hospital and why granting the waiver will not jeopardize the health and safety of any patient.(C) Upon written request of the hospital the director may:(1) Request additional information from the hospital seeking a variance or waiver;(2) Grant a variance if the director determines that the requirement has been met in an alternative manner; or(3) Grant a waiver if the director determines that the strict application of the license requirement would cause an undue hardship to the hospital and that granting the waiver would not jeopardize the health and safety of any patient.(D) The director may stipulate a time period for which a variance or a waiver is to be effective and may establish conditions that the hospital must meet for the variance or waiver to be operative. Such time period may be different than the time period sought by the hospital in the written variance or waiver request.(E) The director may establish conditions that the hospital must meet for the variance or waiver to be operative. The director may, in the director's discretion, rescind the waiver or variance at any time upon determining that the hospital is not meeting such conditions.(F) The refusal of the director to grant a variance or waiver, in whole or in part, shall be final and shall not be construed as creating any rights to a hearing under Chapter 119. of the Revised Code.(G) The granting of a variance or waiver by the director does not constitute a precedent for the granting of any other variance or waiver. All variance and waiver requests will be considered on a case-by-case basis.Ohio Admin. Code 3701-22-19
Effective: 9/14/2024
Five Year Review (FYR) Dates: 09/04/2029
Promulgated Under: 119.03
Statutory Authority: 3722.06
Rule Amplifies: 3722.06