Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

55 Pa. Code § 6000.341. Capacity.

LICENSED/APPROVED CAPACITY


§ 6000.341. Capacity.

 (a)  Licensed/approved capacity is defined as the maximum number of clients or residents who may be served at a facility at any one time. The licensed/approved capacity appears on a certificate of compliance. Capacity is based on the amount of available indoor floor space at the facility. Compliance with all other licensing regulations is measured by onsite observation, record review and interviews. Compliance with staffing ratios is measured by actual attendance on any given day.

 (b)  Licensed/approved capacity does not mean that the facility currently meets all the staffing requirements necessary for that number of clients. Licensed/approved capacity means only that the facility may serve up to the specified number of clients as determined by the application of minimum floor space requirements. The actual number of clients served depends on the facility meeting staffing and other regulations.

 (c)  The capacity of a facility will be increased or decreased only in the following instances:

   (1)  There is renovation or construction of the facility which changes the amount of indoor floor space.

   (2)  There is reallocation of the indoor space.

   (3)  There was an error in the previous calculation of the amount of indoor floor space.

 (d)  The licensed/approved capacity of a currently licensed/approved facility will be adjusted, if necessary, according to this statement of policy in either of the following instances:

   (1)  When the facility’s next renewal certificate of compliance is issued.

   (2)  If a facility requests that its capacity be adjusted according to this statement of policy prior to their current certificate expiration, a new certificate adjusting the capacity will be issued at this time.



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