33-2-418 - Residential facilities. - Tennessee Statutes

33-2-418. Residential facilities.

(a)  Any residential facility that houses persons with developmental disabilities and is required by law to be licensed by the department shall not receive a license if the facility houses more than four (4) such service recipients and is not licensed on June 23, 2000. The department shall not license more than two (2) such residential facilities within five hundred (500) yards in any direction from other such facilities housing service recipients. All set-back requirements applicable to lots where such facilities are located shall apply to such residential facilities.

(b)  This section does not apply to:

     (1)  Housing for persons with mental illness or serious emotional disturbance;

     (2)  Housing for residents on property owned or leased by the state or a corporation that provides that housing if the property was recorded in the corporate or state name before January 1, 1989;

     (3)  Housing for service recipients when the commissioner authorizes the transfer of a license at the same site to a successor provider, if, and only if, the license holder's contract with the department is terminated, the transfer of license is necessary to sustain the quality of life of the service recipients, and the successor provider does not increase the number of service recipients at the site; or

     (4)  Housing for persons on a temporary or transitional basis, such as boarding facilities provided by residential schools or facilities providing services through a specialized court program addressing the needs of individuals both in court custody and dually diagnosed with a developmental disability and mental illness.

[Acts 1989, ch. 504, § 1; T.C.A., § 33-5-105; Acts 2000, ch. 947, §§ 1, 6; T.C.A. § 33-2-417; Acts 2002, ch. 730, § 4; 2009, ch. 426, § 1.]