(1) A licensee may request an exemption from a requirement in this chapter for part or all of a particular licensure period by submitting a written request to the department, including:

(a) The specific section number or numbers of the rule for which exemption is requested;

(b) An explanation of the circumstances involved;

(c) A proposed alternative that meets the intent of the rule and ensures guest safety and health;

(d) Any supporting research or other documentation; and

(e) The time period for which an exemption is requested.

(2) The department will grant or deny exemption requests after the department has received an exemption request with complete relevant information from the licensee. After review and consideration, the exception may be granted if it will not:

(a) Negate the purpose and intent of these rules;

(b) Place the safety or health of the guests in the transient accommodation in jeopardy;

(c) Lessen any fire and life safety or infection control provision of this chapter or other codes or regulations; and

(d) Affect any structural integrity of the building.

(3) The department will document the exemption decision and will keep the decision as a part of the current transient accommodation file. The licensee must maintain the documented exemption decision on file in the transient accommodation.