(b) The operator of a family-type home for adults shall:

1. (1) live in the home;
2. (2) be at least 21 years of age;
3. (3) be of good character;
4. (4) be physically and mentally capable of operating the home;
5. (5) be able to speak, read and write English;
6. (6) provide 24-hour-a-day supervision, care and services to meet the needs of the residents; assure the protection of resident rights; and promote the social, physical and mental well-being of residents;
7. (7) operate and maintain the home in compliance with department regulations and with applicable statutes and regulations of other State and local jurisdictions;
8. (8) demonstrate sufficient income, not solely derived from income from the residents, to meet the household expenses of the operator and members of his/her personal household;
9. (9) not be otherwise employed in or outside the home unless the operator can demonstrate substitute provision for the care and maintenance of the residents and receives prior written approval from the local department of social services;
10. (10) designate a substitute caretaker, approved in advance by the local department of social services, to maintain the home in the temporary absence of the operator; and
11. (11) notify the social services district of any changes in household circumstances or composition, including family members and other residents commencing or terminating residency at the home as well as the admission and discharge of all family-type home residents.

(d) Upon request by the operator or applicant, the department may waive any of the requirements of this Part which are not mandated by law.

1. (1) An operator must request such approval prior to instituting any alternative. Applications for approval must be submitted in writing to the local department of social services and shall include:

   1. (i) the specific regulation for which a waiver is sought;
   2. (ii) the reason(s) compliance to the regulation would cause undue hardship; and
   3. (iii) a description of what will be done to achieve or maintain the intended outcome of the regulation and to protect the health and safety of the residents.
2. (2) The social services district must forward to the department the request for waiver and a recommendation for approval or denial of the request along with the rationale for the recommendation and any suggested conditions or terms.
3. (3) The department may require that the operator or local department of social services adopt additional alternative methods or procedures to protect resident health and safety and shall grant written approval only upon determination that the proposed waiver will not adversely affect the health and safety of residents.
4. (4) Failure to adhere to the terms of the approved waiver may result in withdrawal of the approval and imposition of penalties for the applicable regulation.