Ariz. Admin. Code § 9-33-101

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-33-101 - Definitions

In addition to the definitions in A.R.S. §§ 36-551 and 36-591.01, the following definitions apply in this Chapter unless otherwise specified:

1. "Accreditation" means recognition as having met the operating standards and criteria of a nationally recognized accreditation organization.

2. "Applicant" means an individual or business organization requesting a license under R9-33-104 to open a group home or behavioral-supported group home.

3. "Application packet" means the forms, documents, and additional information the Department requires to be submitted by an applicant.

4. "Business organization" means the same as "entity" in A.R.S. § 10-140.

5. "Controlling person" means a person who, with respect to a business organization:

a. Through ownership, has the power to vote at least 10% of the outstanding voting securities of the business organization;

b. If the business organization is a partnership, is a general partner, or is a limited partner who holds at least 10% of the voting rights of the partnership;

c. If the business organization is a corporation, association, or limited liability company, is the president, the chief executive officer, the incorporator, an agent, or any person who owns or controls at least 10% of the voting securities; or

d. Holds a beneficial interest in 10% or more of the liabilities of the business organization.

6. "Day" means a calendar day, not including the day of the act, event, or default from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, or state holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, or state holiday.

7. "Department" means the Arizona Department of Health Services.

8. "Documentation" means information in written, photographic, electronic, or other permanent form.

9. "Facility" means the building or buildings used for operating a group home or behavioral-supported group home.

10. "Fire risk prevention level" means a designation applied to a group home by the Division based on a formula aggregating safety factors existing at the group home or behavioral-supported group home.

11. "Hazard" means an object, equipment, situation, or condition that may result in physical injury or illness to an individual.

12. "Licensee" means the individual or business organization to which the Department has issued a license to operate a group home or behavioral-supported group home.

13. "Modification" means the substantial improvement, enlargement, reduction, alteration, or other substantial change in the facility or another structure on the premises at a group home or behavioral-supported group home.

14. "Plumbing system" means fixtures, pipes, and related parts, including a septic apparatus, assembled to carry clean water into a structure and to carry sewage out of a structure.

15. "Premises" means:

a. A facility; and

b. The grounds surrounding the facility that are owned, leased, or controlled by the licensee, including other structures.

16. "Private residential swimming pool" means the same as in A.A.C. R18-5-201.

17. "Resident" means an individual who is accepted by a licensee under the terms of a contract with the Division to live at the licensee's group home or behavioral-supported group home.

18. "Safety-approved" means tested and designated as meeting applicable safety standards by one or more of the following organizations:

a. Underwriters Laboratories,

b. Canadian Standards Association, or

c. Factory Mutual Insurance Company Global.

19. "Service provider contract" means the entirety of an applicant's or licensee's qualified vendor agreement with the Division.

20. "Spa" means the same as in A.A.C. R18-5-201.

21. "Staff" means the employees or volunteers who provide habilitation to residents at a group home or behavioral-supported group home.

Ariz. Admin. Code § R9-33-101

New Section made by final rulemaking at 8 A.A.R. 910, effective February 11, 2002 (Supp. 02-1). Amended by final rulemaking at 18 A.A.R. 3295, effective February 3, 2013 (Supp. 12-4). Amended by exempt rulemaking at 30 A.A.R. 2045, effective 7/1/2024.