Section 22-B3803. STRUCTURAL REQUIREMENTS

 

3803.1Except as provided in §3803.2 the maximum number of occupants in a MHCRF shall be no greater than ten (10), and must conform to the maximum occupancy standard specified in §§3835 - 3838, unless the maximum number is waived by the Director, DCRA in writing.

 

3803.2Notwithstanding §3803.1, a MHCRF that was granted a license prior to December 23, 1991, may have up to twenty-five (25) residents, exclusive of staff.

 

3803.3Waivers of the maximum number of occupants shall be granted only when a determination is made by DCRA that:

 

(a)The health, safety, or welfare of the residents or MHCRF staff shall not be adversely affected by granting the waiver; and

 

(b)The MHCRF shall demonstrate that the size of the facility does not compromise a home-like, non-institutional atmosphere.

 

3803.4A MHCRF may be located in a single or multi-family dwelling.

 

3803.5Each residence shall be physically accessible to each resident that is served.

 

3803.6If the physical structure of any MHCRF is constructed, added to, remodeled, or otherwise altered to the extent a building permit is required, the owner shall submit to DCRA for review and approval each intended change that may relate to the requirements of this chapter before a building permit shall be issued in accordance with the requirements of DCRA.

 

3803.7Each MHCRF with eight (8) or fewer residents, excluding the Residence Director and his or her family, shall conform to Chapters 1 (except §103) 3, 4, 5, 6 (except §607.2, to obviate the necessity of providing keys to residents), 7, 8, and 9 (except §§901 through 906) of the D.C. Housing Code (14 DCMR).

 

source

Final Rulemaking published at 42 DCR 569, 574 (January 27, 1995).