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and care occupancies adopted by the Department Commissioner of | Public Safety, Office of the State Fire Marshal. Residential care | facilities must comply as follows. |
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| A. A residential care facility that has one to 3 beds must | comply with the one-family and 2-family dwelling chapter of | the Life Safety Code. |
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| A-1.__A residential care facility with 4 to 6 beds whose | residents have prompt evacuation capability, as defined in | the Life Safety Code, must comply with the one-family and 2- | family dwellings chapter of the Life Safety Code if that | residential care facility was licensed under that chapter | prior to October 1, 2002. |
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| B. A Except as provided in paragraph A-1, a residential | care facility with 4 to 16 beds must comply with the | sections of the Life Safety Code that apply to small | facilities and with the chapter relating to new residential | board and care occupancy chapter if that facility is a new | facility that was constructed on or after July 25, 2002 or | with the existing residential board and care occupancy | chapter if that facility is an existing facility was | licensed before July 25, 2002. |
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| C. A residential care facility with more than 16 beds must | comply with the sections of the Life Safety Code that apply | to large facilities and with the chapter relating to new | residential board and care occupancy chapter if that | facility is a new facility constructed on or after July 25, | 2002 or with the chapter relating to existing residential | board and care occupancy chapter if that facility is an | existing facility was licensed before July 25, 2002. |
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| D.__Notwithstanding any other provision of law or rule a | residential care facility with 4 or fewer beds is not | required to obtain certification from a design specialist to | satisfy the requirements of this section or Title 5, section | 4594-F. |
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| | Emergency clause. In view of the emergency cited in the preamble, | this Act takes effect when approved. |
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