Cal. Code Regs. tit. 22 § 81010

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 81010 - Limitations on Capacity and Ambulatory Status
(a) A licensee shall not operate a facility beyond the conditions and limitations specified on the license, including the capacity limitation.
(b) A facility or room approved for ambulatory clients only shall not be used by nonambulatory clients.
(1) A client whose condition becomes nonambulatory shall not use rooms or areas restricted to ambulatory clients.
(2) The licensing agency shall have the authority to require clients who use ambulatory sections of the facility to demonstrate that they are ambulatory.
(c) The total capacity of all program types certified for one facility shall not exceed the total licensed capacity of the facility.
(d) The total licensed capacity of a social rehabilitation facility shall not exceed 16 and shall be in compliance with Welfare and Institutions Code section 5670.5 and California Code of Regulations, Title 9, Sections 1840.332(b) and 1840.334(c).
(e) A facility licensed as an Adult Residential Facility prior to the effective date of these regulations shall be allowed to apply for a Social Rehabilitation Facility license, at the same location, with a capacity equal to or less than that for which the facility is currently licensed, provided it is in compliance with 81010(d) above.

Cal. Code Regs. Tit. 22, § 81010

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
2. Change without regulatory effect amending section and NOTE filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
3. Amendment of subsections (d) and (e) and repealer of subsection (e)(1) filed 9-7-2017; operative 9-7-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 36).

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 5670, 5670.5 and 5671, Welfare and Institutions Code; and Sections 1501, 1502(a)(7) and 1531, Health and Safety Code.

1. New section filed 1-7-91; operative 2-2-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 12).
a1 The reorganization of Chapter 2 is printed as a repealer and adoption for clarity.
2. Change without regulatory effect amending section and Note filed 1-5-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 2).
3. Amendment of subsections (d) and (e) and repealer of subsection (e)(1) filed 9-7-2017; operative 9/7/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 36).