Cal. Code Regs. Tit. 22, § 87810 - Limitations on Capacity and Ambulatory Status

(a) A licensee shall not operate a facility beyond the conditions and limitations specified on the license.

(1) Unemancipated minors who are not residing in the facility with a guardian or custodial parent shall be prohibited from residing in the facility.

(2) The maximum capacity for which a license may be issued shall not exceed 50 persons, including all of the following:

(A) adults with HIV disease or AIDS,

(B) adults in residence as members of family units whether or not they have HIV disease or AIDS,

(C) emancipated minors with HIV disease or AIDS, and

(D) children as members of family units whether or not they have HIV disease or AIDS.

(b) Facilities or rooms restricted to ambulatory residents only shall not be used by nonambulatory residents.

(1) Residents whose status becomes nonambulatory shall not use rooms or areas restricted to ambulatory residents.

(2) The Department shall have the authority to require licensees to demonstrate that only ambulatory residents use rooms restricted to ambulatory residents.

(c) The facility capacity shall not exceed 25 residents.

Notes

Cal. Code Regs. Tit. 22, § 87810

1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order including amendment of subsection (b)(2) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Amendment of subsection (a)(1), new subsections (a)(2)-(a)(2)(D), and amendment of NOTE filed 11-4-96; operative 12-4-96 (Register 96, No. 45).

Note: Authority cited: Section 1568.072, Health and Safety Code. Reference: Sections 1568.01, 1568.02, 1568.072, 1568.083 and 13143, Health and Safety Code.

1. New section filed 6-7-91 as an emergency; operative 6-7-91 (Register 91, No. 38). A Certificate of Compliance must be transmitted to OAL by 10-7-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-3-91 as an emergency; operative 12-3-91 (Register 92, No. 9). A Certificate of Compliance must be transmitted to OAL 4-1-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-3-91 order including amendment of subsection (b)(2) transmitted to OAL 4-1-92 and filed 5-13-92 (Register 92, No. 23).
4. Amendment of subsection (a)(1), new subsections (a)(2)-(a)(2)(D), and amendment of Note filed 11-4-96; operative 12-4-96 (Register 96, No. 45).