(a) Any entity seeking to operate a housing project within the concept of assisted living shall submit an application for certification to the Department of Housing along with an internal revenue stamp in the amount of one hundred dollars ($100) to defray expenses for the processing of same. No person or entity shall establish, maintain, or alter any housing project within the conceptual framework of assisted living without first obtaining a certification from the Department of Housing for a term of two (2) years. The certification must be renewed within not less than thirty (30) days prior to the expiration of the term of the original certification. If any person or entity wishes to promote any project within the conceptual framework adopted pursuant to this chapter, and a certification for the operation of said project has not been issued, the Sponsor or the applicant shall notify the Department of Housing in writing of his/her intention to request said certification, and indicate in the advertising or promotional materials that the sponsored project has not completed the certification project of said Department.
(b) The certification request shall also include as minimum requirements, subject to any other additional requirement of the Department of Housing, the following:
(1) The names and personal information of all the members, partners, officials, directors and public employees that manage, own and operate the residence.
(2) A statement sworn before a notary public duly authorized to practice the profession in the Commonwealth of Puerto Rico, stating that none of the persons employed in the establishment have been connected with any breach against any federal or state law or regulation on the protection of elderly persons. The aforementioned statement shall also state that if same has operated any establishment for the elderly previously, no legal or regulatory rule was breached in regard to the licensing and supervision of such establishments.
(3) An operations plan including the following information:
(A) The number of units and residents per unit that the residence shall have and for which the certification is being requested;
(B) the location of the units, common areas and exits per floor;
(C) the organizational structure of services, meals and lodgings;
(D) the characteristics and types of services, activities and security to be offered, the arrangements made to provide same, including agreements or contracts with third parties and the arrangements made with hospital and care institutions;
(E) the design of the medication monitoring plan for the residents and the plan for immediate assistance to the residents in response to emergency situations;
(F) the number of employees to be contracted for the operation of the residence and their duties and schooling;
(G) a copy of the residency agreement that shall be used in the residence;
(H) a copy of all construction certifications, municipal licenses and permits required by the Commonwealth of Puerto Rico and its instrumentalities for the operation of said residence in which the applicant or sponsor shall be responsible for the costs incurred as a result of such requirements, and
(I) the notification procedures for residents or their legal representation when there is any change in the residency agreement.
(c) The Department of Housing shall determine by means of regulation any additional information or procedure necessary for the certification of the housing project developed pursuant to this chapter.
(d) The renewal and maintenance of the certification of all projects within the conceptual framework of assisted living may be subject to the opinion and recommendations of the Office.
History —Sept. 3, 2003, No. 244, § 5.