PRINTER'S NO. 883
No. 796 Session of 1983
INTRODUCED BY WACHOB, POTT, DAWIDA, COWELL, IRVIS, GREENWOOD,
MANDERINO, PUNT, PISTELLA, ITKIN, HALUSKA, KUKOVICH, GEIST,
HOEFFEL, RYBAK, KOSINSKI, VAN HORNE, MORRIS, PERZEL, MRKONIC,
RUDY, STEIGHNER, MICHLOVIC, HERMAN AND PRESTON, APRIL 13,
1983
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, APRIL 13, 1983
AN ACT
1 Providing for the location and operation of community
2 residential facilities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Community
7 Residential Facility Siting Act.
8 Section 2. Public policy.
9 It is public policy in Pennsylvania that developmentally
10 disabled, mentally retarded, mentally ill, physically
11 handicapped, elderly persons or dependent children shall not be
12 excluded by municipal zoning ordinances from the benefits of
13 normal residential surroundings.
14 Section 3. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "Community residential facility." A facility providing
3 residence and specialized services for a minimum of three but no
4 more than eight developmentally disabled, mentally retarded,
5 mentally ill, physically handicapped, elderly persons or
6 dependent children referred by the appropriate county or State
7 agency responsible for placement and qualified staff who provide
8 care, supervision and services for such residents. In order to
9 qualify for assignment to a community residential facility,
10 mentally ill persons shall be certified by county mental
11 health/mental retardation programs as capable of residing in a
12 group home and receiving services from a local community mental
13 health program. No person receiving treatment under Article III
14 (Involuntary Examination and Treatment) or Article IV
15 (Determinations Affecting Those Charged with Crime, or Under
16 Sentence) of the act of July 9, 1976 (P.L.817, No.143), known as
17 the Mental Health Procedures Act, shall be eligible for such
18 facility.
19 Section 4. Applicability and construction of act.
20 (a) Applies everywhere.--The provisions of this act shall be
21 applicable in every municipality throughout the Commonwealth,
22 including those operating under home rule charters and optional
23 plans of government.
24 (b) Prospective application.--The provisions of this act
25 shall be applicable to all community residential facilities
26 established subsequent to the effective date of this act,
27 notwithstanding any inconsistent provisions of any other act or
28 ordinance. Nothing in this act shall affect the status of
29 community residential or similar facilities established prior to
30 the effective date of this act except that those community
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1 residential facilities established prior to the effective date
2 of this act shall register with the appropriate municipality.
3 This act shall not be construed to limit or restrict the
4 authority of appropriate State agencies to approve or license
5 community residential facilities.
6 Section 5. Status for zoning purposes.
7 A community residential facility shall be considered a
8 residential use of property permitted in all residential zones.
9 All comprehensive zoning plans shall be construed to permit the
10 location of community residential facilities in all residential
11 zones.
12 Section 6. Restrictions on locations.
13 No community residential facility shall be established within
14 2,000 feet of any other such facility nor shall it be
15 established within 1,000 feet of any drug and alcohol center.
16 Agents of a facility may apply for an exception to those
17 requirements and such exceptions may be granted at the
18 discretion of the zoning hearing board of the municipality.
19 Section 7. Municipal records.
20 Each municipality shall maintain appropriate records
21 indicating the location, capacity and agent of each community
22 residential facility within its jurisdiction and such
23 information shall be available to the public. Each community
24 residential facility shall register its location, capacity and
25 agent with the appropriate officials of the municipality. The
26 agent shall be responsible for maintaining the facility to
27 ensure that it is similar in appearance and condition to other
28 private residences in the community.
29 Section 8. Residents of community residential facilities.
30 A municipality may require that all residents of the
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1 community residential facility be residents of the municipality
2 in which the facility is located. If the community residential
3 facility is not filled with residents of the city or county,
4 then openings shall be available to residents of other counties.
5 However, where such restrictions would prohibit placement of an
6 eligible person in the facility best suited for his or her
7 individual needs, residency requirements shall be waived and the
8 placement agency shall place the individual in the nearest
9 appropriate community residential facility with space available.
10 Section 9. Effective date.
11 This act shall take effect in 90 days.
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