6a Temporary Family Health Care Dwellings

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Temporary Family HealthCare Dwellings June 9, 2016 Page 4 The law requires all of the following to sign the application:the primary caregiver,the owner of the property(on which the temporary dwelling will be located) and the resident of the property(if not the same as the property owner). However, neither the physically disabled or mentally impaired individual nor his or her power of attorney signs the application. Who can host a temporary family health care dwelling? Placement of a temporary family health care dwelling can only be on the property where a "caregiver"or"relative"resides. The statute defines caregiver as"an individual, 18 years of age or older,who: (1) provides care for a mentally or physically impaired person; and(2) is a relative, legal guardian, or health care agent of the mentally or physically impaired person for whom the individual is caring." The definition of"relative" includes"a spouse, parent, grandparent, child, grandchild, sibling, uncle, aunt,nephew or niece of the mentally or physically impaired person. Relative also includes half, step and in-law relationships." Is this program just for the elderly? No.The legislature did not include an age requirement for the mentally or physically impaired dweller.8 Who can live in a temporary family health care dwelling and for how long? The permit for a temporary health care dwelling must name the person eligible to reside in the unit. The law requires the person residing in the dwelling to qualify as"mentally or physically impaired,"defined as"a person who is a resident of this state and who requires assistance with two or more instrumental activities of daily living as certified by a physician, a physician assistant, or an advanced practice registered nurse, licenses to practice in this state." The law specifically limits the time frame for these temporary dwellings permits to 6 months,with a one-time 6 month renewal option. Further,there can be only one dwelling per lot and only one dweller who resides within the temporary dwelling What structures qualify as temporary family health care dwellings under the new law? The specific structural requirements set forth in the law preclude using pop up campers on the driveway or the"granny flat"with its own foundation as a temporary structure. Qualifying temporary structures must: • Primarily be pre-assembled; • Cannot exceed 300 gross square feet; • Cannot attach to a permanent foundation; • Must be universally designed and meet state accessibility standards; 8 The law expressly exempts a temporary family health care dwelling from being considered"housing with services establishment",which,in turn,results in the 55 or older age restriction set forth for"housing with services establishment"not applying.