3804.1 In order to qualify for a MHCRF license, an Applicant shall:

1. (a) Submit a completed application pursuant to § 3805 to the Department together with all required documents;
2. (b) Ensure that the facility meets all structural and environmental requirements set forth in this chapter, or otherwise required by law, including correcting any deficiencies identified in the pre-licensure inspection pursuant to § 3806;
3. (c) Demonstrate that, prior to accepting residents, the Operator will have the required staff in place who have met all applicable criminal background check, education, training, reference, health, and certification requirements pursuant to § 3850;
4. (d) Demonstrate that, if the Operator will not personally manage the facility and serve as Residence Director, or if the Operator is a corporation, agency, or partnership, the Operator has employed a Residence Director who shall be responsible for the management and operation of the facility as provided in § 3852 and § 3853;
5. (e) Demonstrate that the Operator and the Residence Director (where there is a separate Residence Director) have the ability to direct and operate a MHCRF as evidenced by the applicable background checks, criminal background checks, proof of requisite education, training, certifications, experience, and letters of reference pursuant to §§ 3850 and 3851;
6. (f) Demonstrate the ability to comply with this chapter, the Licensure Act, and the Human Rights Act; and
7. (g) Demonstrate that the facility meets all applicable District of Columbia Construction Code requirements, including the Property Maintenance Code, Fire Prevention Code, and Housing Code requirements, by submitting appropriate documentation of Department of Consumer and Regulatory Affairs (DCRA) and Fire and Emergency Medical Services Department (FEMSD) inspections and approvals, as described in § 3805.4 (h) and (i) and the application for licensure.

SOURCE: Final Rulemaking published at 65 DCR 1633 (February 16, 2018).