1569.145
. This chapter shall not apply to any of the following:
(a) A health facility, as defined by Section 1250.
(b) A clinic, as defined by Section 1200.
(c) A facility conducted by and for the adherents of a
well-recognized church or religious denomination for the purpose of
providing facilities for the care or treatment of the sick who depend
upon prayer or spiritual means for healing in the practice of the
religion of that church or denomination.
(d) A house, institution, hotel, congregate housing project for
the elderly, or other similar place that is limited to providing one
or more of the following: housing, meals, transportation,
housekeeping, or recreational and social activities; or that have
residents independently accessing supportive services, provided,
however, that no resident thereof requires an element of care and
supervision or protective supervision as determined by the director.
This subdivision shall not include a home or residence that is
described in subdivision (f).
(e) Recovery houses or other similar facilities providing group
living arrangements for persons recovering from alcoholism or drug
addiction where the facility provides no care or supervision.
(f) (1) An arrangement for the care and supervision of a person or
persons by a family member.
(2) An arrangement for the care and supervision of a person or
persons from only one family by a close friend, whose friendship
preexisted the contact between the provider and the recipient, and
both of the following are met:
(A) The care and supervision is provided in a home or residence
chosen by the recipient.
(B) The arrangement is not of a business nature and occurs only as
long as the needs of the recipient for care and supervision are
adequately met.
(g) (1) (A) Any housing occupied by elderly or disabled persons,
or both, that is approved and operated pursuant to Section 202 of
Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public
Law 101-625 (42 U.S.C. Sec. 8013), or whose mortgage is insured
pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z),
or that receives mortgage assistance pursuant to Section 221d(3) of
Public Law 87-70 (12 U.S.C. Sec. 1715l), where supportive services
are made available to residents at their option, as long as the
project owner or operator does not contract for or provide the
supportive services.
(B) Any housing that qualifies for a low-income housing credit
pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or
that is subject to the requirements for rental dwellings for
low-income families pursuant to Section 8 of Public Law 93-383 (42
U.S.C. Sec. 1437f), and that is occupied by elderly or disabled
persons, or both, where supportive services are made available to
residents at their option, as long as the project owner or operator
does not contract for or provide the supportive services.
(2) The project owner or operator to which paragraph (1) applies
may coordinate, or help residents gain access to, the supportive
services, either directly, or through a service coordinator.
(h) A similar facility determined by the director.
(i) For purposes of this section, "family member" means a spouse,
by marriage or otherwise, child or stepchild, by natural birth or by
adoption, parent, brother, sister, half brother, half sister,
parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
uncle, first cousin, or a person denoted by the prefix "grand" or
"great," or the spouse of one of these persons.
(j) A person shall not be exempted from this chapter's licensure
requirements if he or she has been appointed as conservator of the
person, estate of the person, or both, if the person is receiving
care and supervision from the conservator as regulated by this
chapter, unless the conservator is otherwise exempted under other
provisions of this section.