(a) Definitions. As used in this section:
"Adult family care home" has the meaning ascribed to the term "shared housing establishment" as set forth in the Act.
"Assisted Living and Shared Housing Act" or "Act" means the Assisted Living and Shared Housing Act, as amended, codified at 210 ILCS 9/1, et seq.
(b) Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of adult family care home shall be accompanied by the following information:
(1) the location of the adult family care home;
(2) the total number of residents that will be housed at the adult family care home at any given time;
(3) the level of care that will be provided at the adult family care home;
(4) the name and address of the person(s) responsible for administering, supervising or managing the adult family care home;
(5) proof that the applicant or licensee, as applicable, is properly licensed by the State of Illinois as a shared housing establishment;
(6) any other information required by rules duly promulgated by the Commissioner of Public Health.
(c) Departmental duties.
(1) The commissioner of the department of business affairs and consumer protection shall have the following duties: (i) upon receipt by the department of any application for a regulated business license to engage in the business of adult family care home, to forward such application to the department of health; and (ii) upon issuance of a regulated business license to engage in the business of adult family care home, to so notify the alderman of the affected ward.
(2) The Commissioner of Public Health shall notify the Commissioner of Business Affairs and Consumer Protection if the Commissioner of Public Health orders any adult family care home closed.
(3) The (i) department of health, and (ii) either the fire department or department of buildings, pursuant to a coordinated inspection schedule, shall conduct bi-annual inspections of every adult family care home licensed or required to be licensed under this section. If, within the 12-month period prior to the date of any inspection required under this section, the adult family care home was inspected either by the fire department or department of buildings in connection with a permit inspection, periodic inspection, code compliance inspection or certificate of occupancy, such inspection shall be deemed to meet the inspection requirement in item (ii) of this subsection (c)(3) and in subsection (d)(2).
(4) In addition to the inspections mandated in subsection (c)(3), the department of health, department of family and support services, fire department and department of buildings are authorized to conduct such additional inspections as they deem necessary to maintain health and safety.
(d) License issuance and renewal – Prohibited when. No regulated business license to engage in the business of adult family care home shall be issued to the following persons:
(1) any applicant or licensee, as applicable, that is not properly licensed by the State of Illinois as a shared housing establishment;
(2) any applicant or licensee, as applicable, unless, prior to issuance of any initial license to engage in the business of adult family care home, the premises identified in the license application are inspected in accordance with subsection (c)(3) to determine whether the adult family care home is in compliance with the requirements of this Code and any rules promulgated thereunder pertaining, respectively, to health, sanitation, fire prevention and the building provisions of this Code.
(e) Legal duties. Each licensee engaged in the business of adult family care home shall have a duty to:
(1) comply with all minimum requirements and standards applicable to shared housing establishments, as set forth in the Assisted Living and Shared Housing Establishment Act, and with all rule and regulations promulgated thereunder applicable to shared housing establishments. All such minimum requirements and standards set forth in such Act, and all such rules and regulations promulgated under the Act, shall be incorporated herein and shall hereby be made a part of this section;
(2) comply with any rules adopted by the Commissioner of Public Health relating to the operation and conduct of any adult family care home licensed or required to be licensed under this chapter;
(3) equip the adult family care home with cooling and dehumidification equipment in accordance with Section 14X-8-803.2; monitor the interior temperature and humidity level in all living quarters, dining areas, bathrooms, common rooms and connecting corridors on a regular basis; and operate the equipment in accordance with Section 14X-8-803.6;
(4) submit any reports to the Department of Public Health as such department may from time to time require, as set forth in rules duly promulgated by the Commissioner of Public Health. All such reports shall be made on forms provided by such department, and the truthfulness and accuracy of the contents thereof shall be verified and signed by the chief physician or administrator of such adult family care home.
(f) Enforcement – Rules. The Commissioner of Public Health is authorized to adopt and enforce reasonable rules relating to the operation and conduct of adult family care homes. Such rules (i) shall include all minimum requirements and standards for shared housing establishments set forth in the Assisted Living and Shared Housing Establishment Act and all rules and regulations applicable to shared housing establishments promulgated under such Act; and (ii) may include additional rules relating to the operation and conduct of adult family care homes, including, but not limited to, rules to address public health and safety issues, to the extent that such additional rules are permitted under the home rule powers of the City.
(g) Penalty. In addition to any other penalty provided by law, any person who violates any requirement of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $300.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 5-18-16, p. 24131, § 8; Amend Coun. J. 2-22-17, p. 43916, Art. VIII, § 4; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 7; Amend Coun. J. 6-22-22, p. 49372, § 4)