Pascal Bergeron
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a. A license holder must not increase a facility’s licensed capacity without approval from
DADS.
b. The license holder must submit an application for an increase in capacity in accordance
with §92.12 (relating to General Application Requirements) and the fee required in §92.4
of this chapter (relating to License Fees).
c. The license holder must arrange for an inspection of the facility by the local fire marshal
and provide the signed fire marshal approval to DADS.
d. After DADS’ review of an application and after the applicant notifies DADS in writing
that the facility is ready for a Life Safety Code (LSC) inspection, DADS staff conduct an
on-site LSC inspection of the facility to determine if the facility meets the LSC licensure
requirements in Subchapter D of this chapter (relating to Facility Construction).
e. If the facility fails to meet the LSC licensure requirements within 120 days after the LSC
inspection, DADS denies the application for an increase in capacity.
f. After a facility has met LSC licensure requirements, DADS staff conduct an on-site
health inspection to determine if the facility meets the licensure requirements for
standards of operation and resident care in Subchapter C of this chapter (relating to
Standards for Licensure).
g. DADS issues a new license with an increased capacity within 30 days after DADS
determines that all licensure requirements have been met. DADS may grant approval to
occupy the increased capacity once DADS determines that all licensure requirements
have been met.
h. In order to meet the residents’ health and safety needs in the event of a fire, natural
disaster, or catastrophic event, DADS may grant approval to temporarily exceed a
facility’s licensed capacity provided the health and safety of residents are not
compromised and the facility can meet the required health care service needs of all
residents. A facility may exceed its licensed capacity under this circumstance, monitored
by DADS, until residents can be transferred to a permanent location. DADS will issue
authorization for the temporary increase in the facility’s licensed capacity. The
authorization to temporarily increase the capacity ends when the facility receives written
notice from DADS ending the authorization.

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