Rule 111-8-62-.04 - Applicability of Rules and Exemptions(1) These rules apply to all personal care homes unless the facility is specifically exempted as provided in paragraph (2) of this rule.(2) These regulations do not apply to the following facilities:(a) Boarding homes or rooming houses which provide no personal services other than lodging and meals.(b) Facilities offering temporary emergency shelter, such as those for the homeless and victims of family violence.(c) Other facilities, homes or residences licensed by the Department which have not been classified as personal care homes, e.g. assisted living communities, hospices, traumatic brain injury facilities, drug abuse treatment facilities.(d) Facilities providing residential services for federal, state or local correctional institutions under the jurisdiction of the criminal justice system.(e) Facilities regulated by the Department of Behavioral Health and Developmental Disabilities.(f) Host homes as defined in O.C.G.A. § 37-1-20(18).(g) Group residences organized by or for persons who choose to live independently or who manage their own care and share the cost of services including but not limited to attendant care, transportation, rent, utilities and food preparation.(h) Charitable organizations providing shelter and other services without charging any fee to the resident.(i) Any separate and distinct dwelling which is classified by the Department as a community living arrangement subject to the Rules and Regulations for Community Living Arrangements, Chapter 290-9-37. A facility classified as a Community Living Arrangement cannot be operated on the same premises as a personal care home.Ga. Comp. R. & Regs. R. 111-8-62-.04
O.C.G.A. §§ 26-5-1, 31-2-4, 31-2-7, 31-7-1et seq., 37-1-20(18).
Original Rule entitled "Exemptions" adopted. F. Nov. 19, 2009; eff. Dec. 9, 2009.Amended: New title of "Applicability of Rules and Exemptions". F. Dec. 19, 2012; eff. Jan. 8, 2013.Amended: F. Aug. 24, 2021; eff. Sept. 13, 2021.