Section 80028 - Capacity Determination(a) A license shall be issued for a specific capacity.(b) The number of persons for whom the facility is licensed to provide care and supervision shall be determined on the basis of the application review by the licensing agency, which shall take into consideration the following: (1) The fire clearance specified in Section 80020.(2) The licensee's/administrator's ability to comply with applicable law and regulation.(3) Any other household members, including but not limited to persons under guardianship or conservatorship, who reside at the facility and their individual needs.(4) Facilities which accept minor parents and his/her child(ren) shall have such children included in the facility's licensed capacity.(5) Physical features of the facility, including available living space, which are necessary in order to comply with regulations.(6) Number of available staff to meet the care and supervision needs of the clients.(7) Any restrictions pertaining to the specific category of facility.(c) The licensing agency shall be authorized to issue a license for fewer clients than is requested when the licensing agency determines that: (1) The licensee's responsibilities to other persons in the home, including persons under guardianship and conservatorship, would preclude provision of the care required by these regulations.(d) When the license is issued for fewer clients than requested, the licensee shall be notified in writing of the reasons for the limitation and of the licensee's rights to appeal the decision as specified in Section 80040.(e) The licensing agency shall have the authority to decrease existing licensed capacity with the licensee's agreement, when there is a change in any of the factors specified in (b) above. (1) If the licensee does not agree to the decrease in capacity, the licensing agency shall have the authority to initiate revocation action as specified in Section 80042.(f) The licensing agency shall be authorized to restrict care to specific individuals. (1) If care and supervision is limited to specific individuals, the licensing agency shall specify the names of the individuals in a letter to the licensee.(2) Except where the limitation is requested by the licensee, the licensee shall be notified in writing of the reasons for such limitation and of the licensee's right to appeal the decision as specified in Section 80040.(g) A Group Home or Adult Residential Facility that utilizes secured perimeters shall comply with Health and Safety Code section 1531.15(a).Cal. Code Regs. Tit. 22, § 80028
1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations renumbering former Section 80028 to Section 80027, and renumbering of Section 80029 to Section 80028 filed 1-9-89 (Register 89, No. 3). For prior history, see Register 88, No. 2.
2. New subsection (b)(4) filed 2-27-89 as an emergency; operative 2-28-89 (Register 89, No. 10). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-28-89.
3. New subsection (b)(4) refiled 7-25-89 as an emergency; operative 7-25-89 (Register 89, No. 30). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-22-89.
4. Certificate of Compliance as to 7-25-89 order transmitted to OAL 11-16-89 and filed 12-15-89 (Register 89, No. 51).
5. New subsection (g) and amendment of NOTE filed 2-9-2017 as an emergency; operative 2-9-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-8-2017 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 8-3-2017 and filed 9-15-2017 (Register 2017, No. 37). Note: Authority cited: Sections 1530 and 1531.15, Health and Safety Code; and Section 10554, Welfare and Institutions Code. Reference: Section 11465, Welfare and Institutions Code; and Sections 1501, 1523, 1524, 1528, 1531 and 1531.15, Health and Safety Code.
1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations renumbering former Section 80028 to Section 80027, and renumbering of Section 80029 to Section 80028 filed 1-9-89 (Register 89, No. 3). For prior history, see Register 88, No. 2.
2. New subsection (b)(4) filed 2-27-89 as an emergency; operative 2-28-89 (Register 89, No. 10). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-28-89.
3. New subsection (b)(4) refiled 7-25-89 as an emergency; operative 7-25-89 (Register 89, No. 30). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-22-89.
4. Certificate of Compliance as to 7-25-89 order transmitted to OAL 11-16-89 and filed 12-15-89 (Register 89, No. 51).