Or. Admin. Code § 813-310-0075 - Approval or Disapproval of Requested Visitability Exemptions

(1) The Department may grant exemptions to the visitability requirement of this division in a manner and to a degree consistent with these rules, acting on its own initiative or at the request of an applicant for a development subsidy.

(2) The final approval of an exemption or partial exemption request may be given for more or less than requested. Partial exemptions may be granted as follows:

(a) Partial exemption from meeting all of the visitability requirements. The Department may grant an exemption for one aspect of the visitability requirements without granting exemption from other visitability requirements. For example, an exemption from exterior visitability requirements may be granted for topographical reasons, without exempting interior visitability requirements.

(b) Partial exemption from full compliance with visitability requirements -- The Department may grant a partial exemption from full compliance with any visitability requirement. For example, a ramp that cannot meet the visitability standard may be given a partial exemption that still requires the ramp to meet a certain standard which in the determination of the Department is the best that can be achieved under the circumstances.

(c) Partial exemption for one or more units. The Department may grant an exemption or partial exemption for one or more of the units in a development. For example, it may be that one unit in a development requires an exemption while others do not merit such an exemption.

Notes

Or. Admin. Code § 813-310-0075

OHCS 3-2004, f. & cert. ef. 6-28-04

Stat. Auth.: ORS 183 & 456.514

Stats. Implemented: ORS 456.506 - 456.514