DIR2004-00002 DATE: 4/13/2004
CODE SECTIONS: 18.130
• 111111 Use Classification:
Adult Foster Care Capacity Requirements
INTERPRETATION: THIS INTERPRETATION IS FROM THE CITY ATTORNEY'S OFFICE REGARDING THE
QUESTION OF ADULT FOSTER CARE AND THE LIMITATION ON THE NUMBER OF
RESIDENTS.
The Tigard Development Code permits Group Care Homes with 5 or fewer residents by
right, greater than 5 residents requires conditional use approval in all residential zones.
QUESTION: Who constitutes 5 residents?
For example, a family resides in a house. There is a grandmother, husband, wife, their
child, and a first cousin. They decide to open an Adult Foster Care. How many residents
can they care for before needing a conditional use?
According to ORS 197.660 "Residential Home" means a residential treatment or training or
an adult foster home licensed by or under the authority of the department [of Human
Resources]... An adult foster home licensed under ORS 443.705 to 443.825 that provides
residential care alone or in conjunction with treatment or training or a combination thereof
for five or fewer individuals who need not be related. Staff persons required to meet
licensing requirements shall not be counted in the number of facility residents, and need
not be related to each other or any resident of the residential home.
OAR (Oregon Administrative Rules) 441 -50 -400 to 441 -50 -490 goes on to state that an
"Adult Foster Home" means any family home or other facility in which residential care is
provided in a home like environment for compensation to five or fewer elderly or physically
• disabled adults who are not related to the provider by blood or marriage.
"Family Member" means husband or wife, natural parent, child, sibling, adopted child,
adoptive parent, step parent, step child, step brother, step sister, father -in -law, mother-in-
law, son -in -law, daughter -in -law, brother -in -law, sister -in -law, grandparent, grandchild,
aunt, uncle, niece, nephew, or first cousin.
"Resident" means any person who is receiving room, board, care, and services for
compensation in an adult foster home on a 24 -hour basis.
Capacity- Residents shall be limited to five persons unrelated to the provider by blood or
marriage, and who require care.
ORS 197.665 states that residential homes shall be a permitted use in any residential
zone, including a residential zone which allows a single family dwelling. A city or county
may not impose any zoning requirement on the establishment and maintenance of a
residential home...that is any more restrictive than a zoning requirement imposed on a
single family dwelling in the same zone.
ORS 197.670 states that as of October 3, 1989, no city or county shall deny an application
for the siting of a residential home or residential zone.
It was previously assumed that the 5 person capacity to which the Tigard code refers
includes the care giver and other family members. The statutes clearly exempt the care
giver from this 5 person limit. The question still remained regarding the other family
members of the care giver (i.e. the grandmother, wife, child, and a first cousin). After
speaking to our city attorney, his position is that relatives as described in the OAR are not
• to be considered in the 5 person limit. In other words, for the situation described above in
addition to the 5 related individuals, 5 adult foster care "residents" could be housed in the
dwelling. The city may require an applicant to supply a copy of the entire application and
supporting documentation for State Licensing of the facility, but may not require
independent proof of the same conditions that are required by the Department of Human
Resources.
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