BILL REQ. #:  S-1115.1 

Read first time 02/02/2005.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to the number of residents allowed to reside in an adult family home; amending RCW 70.128.175; and reenacting and amending RCW 70.128.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 70.128.010 and 2001 c 319 s 6 and 2001 c 319 s 2 are each reenacted and amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than ((six)) eight adults who are not related by blood or marriage to the person or persons providing the services.
     (2) "Provider" means any person who is licensed under this chapter to operate an adult family home. For the purposes of this section, "person" means any individual, partnership, corporation, association, or limited liability company.
     (3) "Department" means the department of social and health services.
     (4) "Resident" means an adult in need of personal or special care in an adult family home who is not related to the provider.
     (5) "Adults" means persons who have attained the age of eighteen years.
     (6) "Home" means an adult family home.
     (7) "Imminent danger" means serious physical harm to or death of a resident has occurred, or there is a serious threat to resident life, health, or safety.
     (8) "Special care" means care beyond personal care as defined by the department, in rule.
     (9) "Capacity" means the maximum number of persons in need of personal or special care permitted in an adult family home at a given time. This number shall include related children or adults in the home and who received special care.
     (10) "Resident manager" means a person employed or designated by the provider to manage the adult family home.

Sec. 2   RCW 70.128.175 and 1997 c 392 s 401 are each amended to read as follows:
     (1) Unless the context clearly requires otherwise, these definitions shall apply throughout this section and RCW 35.63.140, 35A.63.149, 36.70.755, 35.22.680, and 36.32.560:
     (a) "Adult family home" means a regular family abode in which a person or persons provides personal care, special care, room, and board to more than one but not more than ((six)) eight adults who are not related by blood or marriage to the person or persons providing the services.
     (b) "Residential care facility" means a facility that cares for at least five, but not more than fifteen functionally disabled persons, that is not licensed pursuant to chapter 70.128 RCW.
     (c) "Department" means the department of social and health services.
     (2) An adult family home shall be considered a residential use of property for zoning and public and private utility rate purposes. Adult family homes shall be a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single family dwellings.