(a) DADS may grant a waiver for certain provisions of the physical plant and environment requirements of DADS licensure standards, which, in DADS opinion, would be impractical for a center to meet. In granting the waiver, DADS, on a case by case basis, determines if:
  (1) there are adverse effects on the health and safety of a minor if the center does not meet the licensure requirement; and
  (2) the center will experience an unreasonable hardship if the requirement is not waived.
(b) DADS may require a center to offset or comply with an equivalent provision if DADS grants a waiver. A center must demonstrate an equivalent safety feature by utilizing the National Fire Protection Association 101A, Guide on Alternative Approaches to Life Safety, for waivers of the Life Safety Code.
(c) A DADS waiver is not transferable in a change of ownership and is subject to DADS review or revocation upon any change in circumstances at the center.

Source Note: The provisions of this §550.1224 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875