Section 460 IAC 9-2-2 - General licensing processAuthority: IC 12-28-5-19
Affected: IC 4-21.5; IC 12-28-5-12; IC 22-12
Sec. 2.
(a) A license for a new residential facility shall be obtained as follows: (1) The provider shall obtain approved provider status under section 1 of this rule.(2) The provider who has been given preliminary approval to proceed with development of a residence shall submit a written letter of intent to the division, indicating its intention to develop a specific residence in a specific county for a specific number of residents.(3) The provider shall submit to the division a letter of support from the division's case manager with responsibility for placement of individuals in the proposed residence which supports the need for the residence in compliance with the council's assessment of needs and indicates the appropriate licensure designation for the residence as defined in 431 IAC 1.1-1-2.(4) The provider shall notify the affected day service agency of the proposed development of a residence and obtain a letter of commitment for day services.(5) The division shall notify the provider in writing of the approval to proceed with development.(6) Failure to submit a letter of intent within nine (9) months of receiving preliminary approval to proceed from the division or to open a residence within nine (9) months of receiving the division's approval to proceed may result in withdrawal of approval to proceed unless the provider can demonstrate that such delays were due to circumstances beyond its control or in the best interest of prospective residents.(7) The division may request architectural plans for review and approval. The residence must be in compliance with applicable building codes under IC 22-12.(8) The facility must meet the requirements of 431 IAC 3.1 or 431 IAC 4 for life safety.(9) When automatic sprinkler systems are installed, they shall be installed in accordance with National Fire Protection Association (NFPA) Standard 13 or 13R. The installation shall be certified in writing by the design professional as being in full compliance with applicable NFPA standards. The edition of NFPA 13 or NFPA 13R to be used for such certification shall be that edition most recently adopted by the fire prevention and building safety commission in Title 675 of the Indiana Administrative Code. The original of such certification shall be retained at the facility at all times that the facility is licensed by the division, and a copy shall be provided to the division at the time of initial licensure.(10) The division or its designated agent may give written approval for occupancy of a residential facility pending confirmation by the council if: (A) the residential facility has been surveyed and found to be in substantial compliance with this article; and(B) the residential facility has been inspected and found to be in substantial compliance with 431 IAC 3.1 or 431 IAC 4.(b) A license for an existing facility that proposes a change in the type of service or capacity of the home is obtained as follows:(1) The provider shall submit a written letter to the division indicating its intention to: (A) change licensure type for an existing residence; or(B) change the capacity of an existing residence.(2) The provider shall submit a letter of support from the division's case manager with responsibility for approving placement of individuals in the residence that affirms that the proposed change is in the best interests of existing residents.(3) In the event that the provider proposes to increase the capacity of the residence, the division shall confirm with the Indiana state department of health that the residence will continue to meet the physical requirements of this article.(4) The division, through its designated agent, may give preliminary written approval for change in licensure designation or change in capacity of a residence, pending confirmation by the council, or may defer the matter for full review by the council.(c) A license for a facility that proposes to change management shall be obtained as follows: (1) The provider shall do the following: (A) Submit a letter to the division indicating its intention to change management.(B) Disclose to the prospective approved provider its most recent licensure and certification document, including all plans of correction.(C) Submit a letter to the council identifying the entity responsible for the completion of the plans of correction.(2) The division, or its designated agent, may give written approval for the change in management under 431 IAC 1.1-3-1 pending confirmation by the council, or may defer the matter for full review by the council.Division of Disability and Rehabilitative Services; 460 IAC 9-2-2; filed Sep 30, 1991, 1:40 p.m.: 15 IR 98; filed Nov 2, 1992, 5:00 p.m.: 16 IR 852; filed Apr 30, 1997, 9:00 a.m.: 20 IR 2374; readopted filed Oct 1, 2001, 3:40 p.m.: 25 IR 528; readopted filed Aug 22, 2008, 11:20 a.m.: 20080903-IR-431080545RFA; Readopted filed 8/11/2014, 11:20 a.m.: 20140910-IR-460140241RFAReadopted filed 11/9/2020, 3:08 p.m.: 20201209-IR-460200501RFA Transferred from the Community Residential Facilities Council ( 431 IAC 1.1-2-2) to the Division of Disability and Rehabilitative Services ( 460 IAC 9-2-2) by P.L. 229-2011, SECTION 154, effective July 1, 2011.