§ 131D-7. Waiver of rules for certain adult care homes providing shelter or services during disaster or emergency.
§ 131D‑7. Waiver ofrules for certain adult care homes providing shelter or services duringdisaster or emergency.
(a) The Division ofHealth Service Regulation may temporarily waive, during disasters oremergencies declared in accordance with Article 1 of Chapter 166A of theGeneral Statutes, any rules of the Commission pertaining to adult care homes tothe extent necessary to allow the adult care home to provide temporary shelterand temporary services requested by the emergency management agency. The Divisionmay identify, in advance of a declared disaster or emergency, rules that may bewaived, and the extent the rules may be waived, upon a disaster or emergencybeing declared in accordance with Article 1 of Chapter 166A of the GeneralStatutes. The Division may also waive rules under this subsection during adeclared disaster or emergency upon the request of an emergency managementagency and may rescind the waiver if, after investigation, the Divisiondetermines the waiver poses an unreasonable risk to the health, safety, orwelfare of any of the persons occupying the adult care home. The emergencymanagement agency requesting temporary shelter or temporary services shallnotify the Division within 72 hours of the time the preapproved waivers aredeemed by the emergency management agency to apply.
(b) As used in thissection, "emergency management agency" is as defined in G.S. 166A‑4(2).(1999‑307,s. 2; 2007‑182, s. 1.)