Current through December 3, 2024
Section 218-RICR-40-00-3.2 - Definitions and General Requirements3.2.1Definitions A. Whenever used in these rules and regulations, the following terms shall be construed as follows: 1. "Division" means the Rhode Island Division of Elderly Affairs, within the Department of Human Services.2. "Director" means the Director of the Division of Elderly Affairs or her/his designee.3. "Housing complex" means the residential building or buildings, areas designated for use by residents, and grounds leading to and from the building(s) and/or designated areas.4. "Housing for the elderly" means private or public housing complexes designated by the federal government as housing for the elderly located in the State of Rhode Island.5. "Management" means the representatives of an agency or organization, local government, or a private or nonprofit company who have full and exclusive legal authority for the owner or governing body.6. "Periodic and ongoing resident security education program" means that at least once per quarter information on security concerns will be supplied by management to all tenants in one or more of the following methods: posters, pamphlets, brochures, and face-to-face formal presentations.7. "Private housing complex" means housing for the elderly not owned and operated by the local public housing authority.8. "Public housing complex" means housing for the elderly owned and operated by the local housing authority.9. "Safety and security plan" means a building plan that addresses the safety and security needs of residents.10. "Security equipment" means any mechanical/electrical security devices and/or physical improvements to the building or grounds that would contribute to the overall security and safety of the elderly housing complex.11. "Security personnel" means any personnel providing security services at the housing for the elderly complex.3.2.2Variance ProcessA. It is recognized that there will be need from time to time for a housing complex to bypass a specific rule or rules in order to best accomplish its stated philosophy, goals and purpose. This factor has been taken into consideration in the development of these rules and regulations, and the following procedure is to be used when a housing manager believes there is a compelling need for a variance: 1. Application for a variance found below must be completed by housing manager and submitted to the Director.2. Upon receipt of a variance request, the Division will make acknowledgement in writing.3. Within ten (10) working days of the receipt of the variance request, unless additional time is required to review the program and the reason for the variance, the Variance Review Committee will review the application and return a decision, in writing, to the applicant.4. If the applicant is dissatisfied with the decision of the Director, an appeal of the decision may be made to the Executive Office of Health and Human Services, as outlined under "Appeals Process and Procedures for EOHHS Agencies and Programs," 210-RICR- 10-05-2.218 R.I. Code R. 218-RICR-40-00-3.2