# COMAR Title 13A — State Board of Education

## Subtitle 16 — Child Care Centers

### Chapter 03 — Management and Administration

#### Regulation .08 Variances.

*COMAR 13A.16.03.08*

A. An office may grant a variance to a regulation under this subtitle:

  (1) If the safeguards to a child's health, safety, or well-being are not diminished;

  (2) When the operator presents clear and convincing evidence that the regulation is met by an alternative which complies with the intent of the regulation; and

  (3) For a limited period of time as specified by the office, or for as long as the license remains in effect and the operator continues to comply with the terms of the variance.

B. Within 30 calendar days of receiving a completed request for a variance, the office shall notify the operator that the variance has been granted or denied.

C. If a variance request is denied by a regional office of the Agency:

  (1) The operator may appeal the denial to the Agency's central office; and

  (2) The Agency's central office has the final determination of whether or not a variance is granted.

D. A variance to sanitary facility requirements that is granted pursuant to COMAR 13A.16.05.08C does not apply to any subsequent additions or enlargements to the center.