1. (a) A proposed or existing community residence may request an emergency certificate from the department if the following applies:

   1. (1) The community residence accepts a new individual on an emergency basis, and the resulting number of individuals living in the community residence exceeds the number of certified beds allowed pursuant to He-M 1002; or
   2. (2) The residence does not hold a currently valid certificate.
2. (b) A proposed or existing community residence shall apply by completing and submitting the application form entitled “Emergency Certification for Community Residence - 3 or Fewer Beds,” incorporated by reference in He-M 1002.19(b)1, within 7 days of the individual moving into the residence, and shall submit with the form a current floor plan of the community residence.
3. (c) If applicable, the executive director of the responsible CMHP shall provide a statement signed and dated that verifies that appropriate staff have determined that the home meets the requirements of He-M 1002 and He-M 1202.
4. (d) The department shall deny a request for emergency certification if the provider agency does not meet the requirements in (a) through (c) above.
5. (e) The start date of the emergency certification shall not be more than 7 days from the receipt of the emergency application by the department.
6. (f) Emergency certification shall be issued for 45 days from the start date upon receipt by the office of legal and regulatory services of a completed and signed application pursuant to (b) and (c) above.

7. (g) An emergency certification issued pursuant to (f) above shall be extended for an additional 45 days for a community residence that:

   1. (1) Submits to the office of legal and regulatory services evidence that, within 14 days of emergency certification, the provider agency has made written request to the local fire inspector for a life safety inspection and report; and
   2. (2) Files a written request for the extension with the office of legal and regulatory services prior to the expiration of the emergency certificate.
8. (h) Only one request for an extension to an emergency certificate shall be granted.
9. (i) A community residence operating under an emergency certification that seeks to continue operation shall apply for certification in accordance with He-M 1002.09.

Source. #7762, eff 9-26-02; ss by #9795, INTERIM, eff 9-26-10, EXPIRES: 3-25-11; ss by #9894-A, eff 3-25-11 (from He-M 1002.12); ss by #12742, INTERIM, eff 3-20-19, EXPIRED: 9-16-19 New. #12916, eff 11-16-19