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(a) Subject to (b) and (c) of this section, the department may grant an assisted living home a temporary or permanent variance from a requirement of AS 47.33 or this chapter to allow the home to
(1) meet the goals of AS 47.33 and this chapter in a way that differs from the methods set out in AS 47.33 or this chapter;
(2) promote aging in place to minimize the need for a resident to move from the home;
(3) integrate mentally, developmentally, and physically disabled residents into the community to reach their highest level of functioning; or
(4) encourage the establishment or operation of an assisted living home with fewer than six residents, if compliance with AS 47.33 and this chapter by a home of that size would be unduly burdensome.
(b) The department will not grant a variance unless the terms of the variance adequately protect the health and safety of the residents of the home.
(c) The department will not grant a variance
(1) that permits a home to avoid the requirements of
(A) AS 47.33.100 or 7 AAC 75.215, regarding criminal background checks; or
(B) 7 AAC 75.310, regarding acceptance and management of residents' money; or
(2) for a requirement of AS 47.33 to a home licensed to serve six or more residents.
History: Eff. 7/1/95, Register 134; am 9/28/2001, Register 159; am 4/6/2002, Register 162; am 6/24/2004, Register 170
Authority: AS 47.33.040
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Last modified 7/05/2006