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5306
COUNTY LOCAL LANS
CERTAIN REQUIREMENTS OF THIS CHAPTER AND RULES AND
REGULATIONS PROMULGATED PURSUANT TO AUTHORITY GRANTED
HEREIN IN CASES WHERE HE SHALL DEEM THEM UNNECESSARY AND
CONTRARY TO THE PUBLIC INTEREST AS EXPRESSED IN SECTION
23A-2 OF THIS CHAPTER.
(E) RULES AND REGULATIONS PROMULGATED PURSUANT TO
PROVISIONS OF THIS SECTION SHALL PROVIDE FOR BUT NOT BE
LIMITED TO THE FOLLOWING:
(1) ADMINISTRATIVE REQUIREMENTS FOR THE GROUP
RESIDENTIAL CARE SERVICES WHERE SUCH PROGRAMS ARE NOT
REVIEWED AND APPROVED BY LEGALLY AUTHORIZED STATE OR
COUNTY AGENCIES, TO INCLUDE BUT NOT BE LIMITED TO
LICENSEES PERSONNEL QUALIFICATIONS, PROVISIONS FOR
ADEQUATE SUPERVISION, RECORDS PERTAINING TO GROUP
RESIDENTS, ADMISSION REQUIREMENTS, HEALTH RECORDS,
EVACUATION PLAN, AND COMMUNICATION AND TRANSPORTATION
FACILITIES.
(2) FIRE SAFETY REQUIREMENTS.
(3) HEALTH AND SANITATION REQUIREMENTS.
23A-8 PENALTIES.
ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
CHAPTER AND RULES AND REGULATIONS PROMULGATED PURSUANT
THERETO SHALL BE GUILTY OF A MISDEMEANOR AND, UPON
CONVICTION THEREOF, SHALL BE SUBJECT TO A FINE NOT TO
EXCEED ONE THOUSAND DOLLARS ($1,000.00) AND COSTS. A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED ON EACH DAY
DURING ON WHICH A VIOLATION OCCURS OR CONTINUES. IN
ADDITION THERETO, THE COUNTY MAY SEEK ENFORCEMENT OF THE
PROVISIONS OF THIS CHAPTER BY INJUNCTION OR OTHER
APPROPRIATE REMEDY AT LAW OR EQUITY. FURTHERMORE,
NOTHING HEREIN SHALL BE CONSTRUED TO ABRIDGE OR IMPAIR
THE RIGHT OF ANY PERSON TO SEEK IN A COURT OF LAW DAMAGES
OR OTHER RELIEF ON ACCOUNT OF INJURY TO PERSONS OR
PROPERTY.
ARTICLE II
LICENSING
23A-9. GENERAL REQUIREMENT.
SUBJECT TO EXEMPTIONS EXPRESSLY PROVIDED IN SECTION
23A-3 HEREIN, NO PERSON SHALL ESTABLISH, OCCUPY OR
OTHERWISE USE ANY BUILDING OR PREMISE WITHIN THE COUNTY
IN WHOLE OR IN PART AS A GROUP RESIDENTIAL FACILITY UNTIL
AN ANNUAL GROUP RESIDENTIAL CARE PROGRAM LICENSE SHALL
HAVE BEEN GRANTED FOR SUCH USE BY THE DIRECTOR, NOR SHALL
ANY SUCH BUILDING OR PREMISE BY SO OCCUPIED AND USED
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