Substitute House Bill No. 6932
          Substitute House Bill No. 6932

              PUBLIC ACT NO. 97-112


AN ACT CONCERNING HOMES FOR THE AGED.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  19a-495  of  the general
statutes is amended by adding  subsection  (c)  as
follows:
    (NEW)  (c)  The  Commissioner of Public Health
may  waive  any  provisions  of  the   regulations
affecting   the  physical  plant  requirements  of
residential care  homes,  as  defined  in  section
19a-490,  as  amended by section 2 of this act, if
the commissioner determines that such waiver would
not  endanger the health, safety or welfare of any
resident. The commissioner may impose  conditions,
upon  granting the waiver, that assure the health,
safety and welfare of residents,  and  may  revoke
the  waiver upon a finding that the health, safety
or welfare of any resident has  been  jeopardized.
The  commissioner  shall  not  grant a waiver that
would result in a  violation  of  the  state  fire
safety   code   or   state   building   code.  The
commissioner may adopt regulations, in  accordance
with  chapter  54,  establishing procedures for an
application  for  a  waiver   pursuant   to   this
subsection.
    Sec.  2.  (NEW)  (a)  Whenever the words "home
for the aged" or "homes for the aged" are used  or
referred  to  in  the  following  sections  of the
general  statutes,  the  words  "residential  care
home"  or  "residential care homes", respectively,
shall be substituted in lieu thereof: 1-19, 9-19c,
9-19d,  9-159q,  10a-178, 12-407, 12-412, 17b-340,
17b-341,  17b-344,  17b-352,   17b-356,   17b-522,
17b-601,   19a-490,  19a-491,  19a-491a,  19a-504,
19a-521,  19a-521b,  19a-550,  19a-576,   19a-638,
19a-639, 20-87a, 32-23d, 38a-493 and 38a-520.
    (b)  If  the  words  "home  for  the  aged" or
"homes for the aged" are used or  referred  to  in
any  public  or  special  act of 1997 or 1998, the
words shall be deemed  to  refer  to  "residential
care    home"    or   "residential   care   homes"
respectively.
    Sec.  3. Subsection (a) of section 19a-535a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)  As  used  in  this  section, a "facility"
means a [home for the aged] RESIDENTIAL CARE HOME,
as defined in section [19a-521] 19a-490.
    Sec.  4. Subdivision (17) of section 12-407 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (17)  "Lodging  house"  means  any building or
portion of a  building,  other  than  a  hotel  or
apartment  hotel,  in which persons are lodged for
hire with or without  meals,  including,  but  not
limited  to,  any  motel,  motor court, motor inn,
tourist court or similar  accommodation;  provided
the  terms "hotel", "apartment hotel" and "lodging
house" shall not  be  construed  to  include:  (a)
Privately  owned  and operated convalescent homes,
RESIDENTIAL CARE  HOMES,  homes  for  the  [aged,]
infirm, indigent or chronically ill; (b) religious
or charitable homes for the aged, infirm, indigent
or   chronically  ill;  (c)  privately  owned  and
operated summer camps  for  children;  (d)  summer
camps   for  children  operated  by  religious  or
charitable     organizations;     (e)      lodging
accommodations at educational institutions; or (f)
lodging accommodations at any facility operated by
and  in  the  name  of  any  nonprofit  charitable
organization,  provided  the  income   from   such
lodging  accommodations  at  such  facility is not
subject to federal income tax.

Approved June 6, 1997