New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7360
Executive Department
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4 sections
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All 4 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 7360.1 - Policy
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)The commission recognizes the need to provide a mechanism by which a facility may apply for a variance to the requirements of this Chapter when situations exist or arise that would prevent or alter the facility's ability to meet such requirement. The commission may grant such variances only under specified conditions and when doing so will not jeopardize the safety, security, or operational stability of a facility.
(b)Consistent with the requirements of this Part, the director shall develop written policies and procedures that govern the application process of obtaining variances for the facility. These policies and procedures shall be reviewed annually and updated as needed.
9 NYCRR 7360.2 - Conditions for applying for a variance
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)The director may apply to the commission for a variance to requirements of this Chapter when:
(1)compliance with a specific rule or regulation cannot be achieved by the effective date of such rule or regulation;
(2)due to a temporary condition or situation, compliance with a specific rule or regulation cannot be achieved; or
(3)compliance is to be achieved in a manner other than that which is specified in such rule or regulation.
(b)The provisions of this Part shall not apply to any requirements of this Chapter where it is specifically stated that variances to such requirements are prohibited.
9 NYCRR 7360.3 - Application for a variance
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)Any application to the commission for a variance shall be made in writing by the director.
(b)Such application shall include:
(1)the specific rule, regulation or provision that is the subject of the application;
(2)the specific reasons and facts supporting the director's position that compliance with the specific rule and regulation cannot be achieved; and
(3)the specific plans, provisions and timetables for achieving full compliance with the rule or regulation at issue, the time period for which the variance is requested, and any other material that the director deems supportive of the application.
(c)When the application is made for reasons stated in section 7360.2(a)(3) of this Part, the application shall also include the specific plans which fully explain and support alternative methods of compliance.
(d)The commission may require additional information concerning any variance application prior to rendering a decision.
(e)The director shall immediately furnish OCFS a copy of any variance application submitted to the commission pursuant to the Part.
9 NYCRR 7360.4 - Review of variance application
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)The commission shall review and, following consultation with OCFS, issue a written determination to the director on each variance application which complies with the requirements of this Part.
(b)When a variance is granted, the commission's determination shall specify:
(1)the time period for which the variance is granted; and
(2)any special requirements or conditions imposed as a condition of the variance.
(c)When a variance is granted, any special requirements or conditions imposed shall become the standard for the facility’s compliance with the particular regulation.