Section 22. New Facility

A. If a facility is opened in an existing building, a variance may be granted for those building requirements the facility cannot meet under the same criteria outlined in Paragraphs (1), (2) and (3) of Subsection B of 7.20.12.21 NMAC of these regulations and if not in conflict with existing building and fire codes. Such a variance is granted at the sole discretion of the LCA. B. A new facility opened in a newly constructed building must meet all requirements of these regulations.