It is enacted by the General Assembly as follows
SECTION 1. Section 23-28.39-1 of the General Laws in Chapter 23-28.39 entitled "Housing for the Elderly -- Emergency Generators Required" is hereby repealed.
{DEL 23-28.39-1. Emergency generators required. -- DEL} {DEL All housing
for the elderly complexes, as defined in section 42-66.1-2, which are
serviced by one or more elevators and/or electrically powered chair
lifts shall be equipped with emergency generators which shall provide
sufficient power to provide emergency lighting to all common areas and
a community room and power to operate the elevators and a refrigerator
in a common area. Generator systems shall be in accordance with the
national electric code and section 23-28.24-9. DEL}
SECTION 2. Title 42 of the General Laws entitled "State Affairs and Government" is hereby amended by adding thereto the following chapter:
{ADD CHAPTER 66.9
HOUSING FOR THE ELDERLY -- EMERGENCY
GENERATORS REQUIRED ADD}
{ADD 42-66.9-1. Emergency generators required. -- ADD} {ADD All housing for the elderly complexes, as defined in section 42-66.1-2 which are serviced by one (1) or more elevators and/or electrically powered chair lifts, and which include more than one hundred fifty (150) residential living units in a single building shall be equipped with emergency generators which shall provide sufficient power to provide emergency lighting to all common areas and a community room and power to operate the elevators and a refrigerator in a common area. Generator systems shall be in accordance with the national electric code and section 23-28.24-9. ADD}
{ADD 42-66.9-2. Penalty for failure to install emergency generator. -- ADD} {ADD (a) Any housing complex for the elderly that fails to meet the requirements as outlined in the preceeding section may be assessed and administrative penalty of two hundred dollars ($200) per day plus interest, which accrues from the date upon which the administrative penalty becomes final by the director of the department of elderly affairs.
(b) Whenever the director seeks to assess an administrative penalty on an elderly housing complex, the facility shall have a right to an adjudicatory hearing under chapter 35 of this title.
(c) The director shall cause to be served upon the housing complex, either by service, in hand, or by certified mail, return receipt requested, a written notice of its intent to assess an administrative penalty which shall include a concise statement of the alleged failure to comply with the requirements of section 42-66.9-1 for which the administrative penalty is sought to be assessed, the amount which the director seeks to assess, a statement of the housing complex's right to a hearing on the proposed assessment, and the manner of payment thereof if the housing complex elects to pay the penalty and waive hearing.
(d) In any adjudicatory hearing authorized pursuant to chapter 35 of this title, the director shall, by a preponderance of the evidence, prove noncompliance with the requirements of section 42-66.9-1. Should a complex waive its right to an adjudicatory hearing by failing to respond in writing to the director within ten (10) days from the receipt of the notice of the penalty, the proposed administrative penalty shall be final at the end of the ten (10) day period.
(e) If an administrative penalty is assessed at the conclusion of an adjudicatory hearing, the administrative penalty shall be final upon the expiration of thirty (30) days if no action for judicial review of the decision is commenced pursuant to chapter 35 of this title.
(f) The director is authorized to promulgate rules and regulations necessary to carry out the provisions of this chapter. ADD}
SECTION 3. This act shall take effect upon passage.
