(1) The capacity of a site where residential supports or 24 hour site-based respite supports are provided shall be determined by the Department and may vary depending on the size, location, and other characteristics of the site; the ages, needs and preferences of the individuals; and the experience and capability of the provider, provided, however, the capacity shall not exceed five individuals unless 115 CMR 7.08(2) applies.(2) All sites providing residential supports and 24 hour site based respite services in existence and licensed by the Department as of December 1, 1995 shall be permitted to retain for the life of the original building the capacity in excess of five that was approved under the provider's license in effect as of that date; unless the Department and the provider determine that the additional individuals can no longer be accommodated in the home without detriment. If it is determined at any time that the site can no longer accommodate more than five individuals, the provider must develop and implement a plan to reduce the capacity to five or fewer.(3) A site where a care provider provides residential supports or 24 site based respite supports in the care provider's home may serve no more than three people (including individuals served by the Department), regardless of funding source. However, any placement service site with a capacity of four that was approved by the area director and in existence and licensed by the Department prior to June 1, 2014, may retain the capacity of four. In the event the Department determines that the site can no longer accommodate four individuals, the provider must develop and implement a plan to reduce the capacity to three or fewer.Amended by Mass Register Issue 1317, eff. 7/15/2016.