(a) The basis for licensure type. An assisted living facility must be licensed as a Type A, Type B, or
Type C facility. A facility’s licensure type is based on the capability of the residents to evacuate
the facility or the types of services the facility provides, or both, as described in this section.

(b) Type A. In a Type A facility, a resident:

(1) must be physically and mentally capable of evacuating the facility without physical
assistance from staff, which may include an individual who is mobile, although non-ambulatory,
such as an individual who uses a wheelchair or an electric cart, and has the capacity to transfer
and evacuate himself or herself in an emergency;
(2) does not require routine attendance during nighttime sleeping hours; and
(3) must be capable of following directions under emergency conditions.
(4) must be able to demonstrate to DADS that they can meet the evacuation requirements
described in §92.62(b) of this chapter.

(c) Type B. In a Type B facility, a resident may:

(1) require staff assistance to evacuate;
(2) require attendance during nighttime sleeping hours;
(3) be incapable of following directions under emergency conditions; and16
(4) require assistance in transferring to and from a wheelchair, but must not be permanently

(d) Type C. A Type C facility is a four-bed facility that:

(1) has an active contract with DADS to provide adult foster care services as described in
Chapter 48, Subchapter K of this title (relating to Minimum Standards for Adult Foster Care); and
(2) must be contracted with DADS to provide adult foster care services before it can be licensed.

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