(a) The total number of residents, including persons receiving respite care or persons placed under protective services for adults, persons receiving adult day care services and/or persons receiving room and board, may not exceed six unless prior written approval is granted by the social services district pursuant to section 489.12(b)(2) and (3) of this Part. In determining whether to approve a request by an operator to exceed certified capacity, the social services district must consider the impact on the family-type home residents and the ability of the operator to care for additional persons in need of care and supervision.

(b) This section does not apply to family-type homes for adults that were certified and were serving more than six adults prior to the effective date of this section.