(a) The Office of Children and Family Services may grant an exception to compliance with one or more of the provisions of section 442.4, 442.5, 442.15 and 442.17 of this Part upon finding that compliance will result in undue hardship upon an institution. The authorized agency applying for the exception must demonstrate that, aside from the exception, the facility is in substantial compliance with the provisions of this Part and that granting the exception will not create any hazardous conditions which could impair the health or safety of the children. An institution must comply with any alternative requirements the Office of Children and Family Services may consider necessary for the protection of the health or safety of the children. All exceptions must be requested by the authorized agency in writing and approved by the Office of Children and Family Services in writing.

(b) The provisions of this Part that become effective September 1, 1994 shall apply to those institutions established on or after such date. If compliance with any of the provisions of this Part that become effective September 1, 1994 creates an undue hardship for any institution in operation prior to such date, the institution must, within one year of such date, submit to the department a schedule indicating when the institution will achieve compliance with such provision. The compliance schedule is subject to approval by the department and compliance with all provisions of this Part that become effective September 1, 1994 must be achieved within five years of such date.