12VAC35-105-320:  Fire Inspections

The reference to sponsored residential services were originally missed with the initial emergency regs (and are now marked through, previously omitted).  Adding this requirement for sponsored residential services is problematic.  We are finding the addition of sponsored residential services is interpreted differently across the state.  Some licensing specialists are requiring a visit from the Fire Marshal prior to licensing a service site.  Many Fire Marshals are refusing to visit family homes, and in rural areas, a marshal is stretched over several localities. 

Classifying all services under this regulation does not appear to be an appropriate measure, as sponsored residential has been omitted in the past. 

Additionally an evaluation of each individual is listed as required, yet there is no specification as to what type of evaluation is required or acceptable.  Therefore there is no clear guidance related to the ways in which a provider would uphold responsibilities.