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AFH Club · Regulatory update · Last verified September 29, 2026

Washington AFH Rules Have Changed: Old Requirements vs. Today's Standards

A practical guide to replaced rules, updated building requirements, licensing changes, what older homes keep, and proposals that are not yet law, for owners, buyers, sellers and the professionals who work with them.

The short answer

The tracker below lists 28 changes since 2023 that are still in force and matter to owners and buyers: new rules, laws, payment changes and a court decision, from seven- and eight-bed licensing and toilet counts to bedroom approval, 27-inch doors, evacuation drills, Medicaid residency agreements and caregiver wages.

Before relying on anything you read about AFH rules, including older AFH Club material, check the date against the tracker below.

AFH Club regulatory update cover: Washington AFH Rules Have Changed, old requirements vs. today's standards

The changes that matter most

  • Bedrooms need DSHS approval. Since September 20, 2026, no resident may sleep in a bedroom DSHS has not inspected and approved.
  • Doors, for new licenses only. Homes licensed after September 20, 2026 need 27-inch interior doors where residents pass through. A continuously licensed home sold to a new owner is exempt; a lapsed one is not.
  • Seven and eight beds. Possible since August 2023 after 24 months of experience, and since March 2025 possible without sprinklers if every resident can evacuate unaided.
  • Behavioral income. CBHS replaced BHPC in July 2024, SBS now requires a resident to be found ineligible for CBHS first, and Meaningful Day is gone.
  • Staffing costs. The live-in caregiver wage exemption is gone (July 2026), and new caregivers have more time to certify through 2027.
  • Paperwork buyers should inspect. Medicaid residency agreements (since January 2026) and signed notice-of-rights acknowledgements (since September 2026).

Old advice that may no longer be reliable

You will still find these online, in older courses, and in some listings. Each links to the change that replaced it.

Outdated adult family home advice and what the rule says now
What you may readWhat the rule says now
"Take the DSHS orientation class before you apply."Repealed January 1, 2024. Details
"Administrator training is 54 hours."The rule has said 48 hours since April 2024; courses may run longer. Details
"Caregivers must be certified within 200 days."365 days (425 with a provisional certificate) for applicants through December 31, 2027. Details
"Seven- or eight-bed homes always need sprinklers."Not if the home serves only residents who can evacuate without help, since March 2025. Details
"A six-bed home needs two toilets."Replaced in March 2025 by one accessible toilet per five persons, counting ensuite toilets. Details
"Evacuation drills every 60 days."Every two months since September 20, 2026. Details
"Meaningful Day adds $40 a day."Eliminated in the 2025–27 budget. Details
"Any resident with behaviors can go on SBS."Since July 2025 a resident must first be found not eligible for CBHS. Details
"The license fee is $225 a bed."$450 a bed since July 2025. Details
"Live-in caregivers are exempt from minimum wage."The Washington Supreme Court struck that exemption for AFH live-in caregivers in July 2026. Details

Four kinds of rules, and why the difference matters

Statutes (RCW)

Laws passed by the Legislature, such as chapter 70.128 RCW. They set the framework: what an AFH is, capacity, inspections, enforcement.

Rules (WAC)

Adopted by DSHS and other agencies to carry out the statutes, such as chapter 388-76 WAC. Most day-to-day requirements live here.

Building code and the checklist

Construction and life-safety standards (WAC 51-51-0330) applied by the local building official using DSHS form 15-604. Passing it is not a license.

Budgets, contracts, notices and courts

Fees and add-ons come from the state budget and the AFH Council agreement; DSHS notices explain how they apply; court decisions can overturn a statute. None of these is a WAC rule, and each can change on its own schedule.

Does the new rule apply to existing homes?

Read the rule's own words. Three patterns cover almost every change on this page:

  • "Homes licensed after [date]" applies to new licenses only. The 27-inch doors (after September 20, 2026) and the toilet ratio (after August 1, 2023) work this way, and the AFH building code section does not apply to homes licensed before July 1, 2001.
  • Operating rules apply to every home from the effective date: drills, resident records, residency agreements, rosters, posting a stop placement.
  • Payment rules apply by resident or by date of assessment. The SBS change applies to assessments on or after July 1, 2025, not to residents approved earlier.

What changes during a change of ownership?

The license never transfers: the buyer applies for a new one (WAC 388-76-10105). DSHS told AFH Club in writing that a continuously licensed home keeps the building rules it was first licensed under, so the new owner of such a home does not have to widen doors to 27 inches.

Everything else is the new owner's from day one:

  • Every current operating rule, including the 2026 records and drill changes.
  • Every provider qualification, including administrator training and 1,000 hours of experience.
  • For a seven- or eight-bed home, the buyer must already have held an AFH license for at least 24 months to apply for the change of ownership (WAC 388-76-10032).
  • ECS and SBS contracts, which do not transfer and must be approved again.

Read Buying or Selling an Adult Family Home

Grandfathered does not mean exempt from everything

An older home keeps the building standards it was licensed under only while its license continues. Three things end or narrow that protection:

  • A lapsed license. A former AFH must meet today's rules to be licensed again, including 27-inch doors.
  • Construction. Work that changes exits or resident bedrooms needs the local building official's approval again (WAC 388-76-10700), and since September 20, 2026 DSHS must also inspect and approve a bedroom before a resident sleeps in it.
  • Operating rules. Grandfathering covers the building, never staffing, records, drills, resident rights or payment rules.

The rule-change tracker

Every adopted change since 2023, newest first. Each shows the old rule, today's rule, who it affects, the official citation, the filing that made the change, and the date AFH Club last checked it.

Effective Sep 20, 2026BuildingRule (WAC)

DSHS approval before a resident uses a new bedroom

Before

Changes to a resident bedroom needed the local building official's approval (WAC 388-76-10700), but the licensing rules did not require a DSHS inspection before a resident slept there.

Now

The home must notify DSHS and receive an approved inspection from DSHS before letting a resident sleep in a bedroom DSHS has not already inspected and approved.

Who it affects
Every licensed home.
Practical impact
Adding or converting a bedroom now needs two sign-offs, the building official's and DSHS's, before it earns income. A buyer should confirm every bedroom in use was approved by DSHS.
Last verified
September 29, 2026
Effective Sep 20, 2026OperationsRule (WAC)

Evacuation drills every two months

Before

Partial evacuation drills at least every sixty days.

Now

Partial evacuation drills at least every two months, on random staffing shifts.

Who it affects
Every licensed home.
Practical impact
Schedule drills by calendar month rather than counting days. The online WAC page may still show the old wording; the adopted filing controls.
Last verified
September 29, 2026
Effective Sep 20, 2026BuildingRule (WAC)

Interior doors at least 27 inches wide

Before

The licensing rules set no minimum width for interior doors (the building checklist covers exit doors).

Now

For homes licensed after September 20, 2026, every internal door residents pass through that is not an emergency exit must be at least 27 inches wide.

Who it affects
Homes licensed after September 20, 2026, including a former AFH whose license lapsed. DSHS confirmed in writing that a continuously licensed home sold through a change of ownership keeps the rules it was first licensed under.
Practical impact
Measure every door on the residents' routes before buying or converting a house that is not currently licensed. Widening a door can mean a new header and a permit.
Last verified
September 29, 2026
Effective Sep 20, 2026LicensingRule (WAC)

Multiple-home providers: denial now mandatory

Before

DSHS "may" deny a license to an applicant who already operates homes and does not meet the multiple-home provider requirements.

Now

DSHS "must" deny that license. The same filing repealed the rule that barred certain state employees and their household members from licensing.

Who it affects
Anyone who already operates an AFH and applies for another, including by change of ownership.
Practical impact
An owner buying a second or third home must meet RCW 70.128.065 before applying; there is no discretion left.
Last verified
September 29, 2026
Effective Sep 20, 2026OperationsRule (WAC)

Plan of correction: when it is required

Before

"Plan of correction (POC)—Required," with no exception.

Now

"Plan of correction (POC)—When required." It does not apply when DSHS summarily suspends or revokes the license.

Who it affects
Every licensed home that receives a citation.
Practical impact
The routine process is unchanged: a signed attestation of correction within 10 calendar days of receiving the report.
Last verified
September 29, 2026
Effective Sep 20, 2026OperationsRule (WAC)

Resident records: notice of rights acknowledgement

Before

The resident record had to include the resident's Social Security number.

Now

The record must include a copy of the notice of rights and services, and the resident's acknowledgement that they received it, signed and dated by the resident and the home.

Who it affects
Every licensed home.
Practical impact
Check that each resident file has the signed acknowledgement. A buyer should ask to see a sample during due diligence.
Last verified
September 29, 2026
Decided July 9, 2026Staffing and trainingCourt decision

Live-in caregivers: minimum wage and overtime

Before

State wage law exempted live-in caregivers from minimum wage and overtime.

Now

The Washington Supreme Court held that the exemption violates the state constitution as applied to live-in caregivers in adult family homes. Whether the ruling reaches back to earlier pay periods was sent back to the trial court.

Who it affects
Homes that employ live-in caregivers.
Practical impact
Staffing costs and projections built on the old exemption may be wrong. Review payroll with an employment attorney; a buyer should ask how the seller pays live-in staff.
Last verified
September 29, 2026
Effective Jun 11, 2026Who needs a licenseStatute (RCW)

Former foster parents exempt from AFH licensing

Before

Caring for unrelated adults in your home generally required an AFH license.

Now

Qualifying former foster parents who care only for former foster youth they previously served, with no abuse findings or adverse licensing actions, are exempt.

Who it affects
A narrow group of former foster care providers.
Practical impact
Little effect on the AFH market; listed so the exemption is not mistaken for a general one.
Last verified
September 29, 2026
Effective Mar 15, 2026OperationsRule (WAC)

Resident contact list and posting a stop placement: more specific

Before

State law has required both since 2021 (RCW 70.128.155 and 70.128.306), and the WAC already said to post a stop placement order, but not where or for how long.

Now

WAC 388-76-10231 now spells out the resident contact list and the 48-hour deadline after a long-term care ombuds's written request. WAC 388-76-10980 now says a stop placement order must be publicly posted where residents, visitors and staff can see it, and stay posted until DSHS ends it.

Who it affects
Every licensed home.
Practical impact
A buyer touring a home should look for a posted stop placement order; its absence is not proof there isn't one.
Last verified
September 29, 2026
Effective Jan 1, 2026OperationsRule (WAC)

Medicaid residency agreement and discharge notices

Before

No specific written residency agreement was required for Medicaid residents.

Now

Each resident with Medicaid as a payor signs a written residency agreement at admission that commits the home to the transfer and discharge rights in chapter 70.129 RCW and gives notice that, subject to legislative appropriation, residents have the right to legal counsel at public expense. Discharge notices must include legal-services and ombuds contacts. The required contact details were corrected April 30, 2026 (WSR 26-08-074).

Who it affects
Every home with Medicaid residents.
Practical impact
A buyer should confirm each Medicaid resident has a signed agreement on file.
Last verified
September 29, 2026
Effective Sep 6, 2025OperationsRule (WAC)

Resident roster and essential support person

Before

State law has required a roster for the ombuds since 2021 (RCW 70.128.155), but no DSHS rule did, and nothing guaranteed an essential support person when visits were limited.

Now

The home keeps a roster of residents and rooms and hands a copy immediately to ombuds or DSHS staff who ask in person. During a public health emergency that limits visits, residents must still have access to an essential support person.

Who it affects
Every licensed home.
Practical impact
Keep the roster current and printable.
Last verified
September 29, 2026
Aug 25, 2025 through Dec 31, 2027Staffing and trainingRule (WAC)

Home Care Aide certification deadline extended

Before

Certified within 200 days of hire, or 260 days with a provisional certificate.

Now

Certified within 365 days of hire, or 425 days with a provisional certificate, for applicants who apply by December 31, 2027. Training is still due within 120 days of hire.

Who it affects
Caregivers hired who must become certified Home Care Aides.
Practical impact
More time to certify new hires, but a caregiver who is not certified by day 425 must stop working. The extension ends December 31, 2027.
Last verified
September 29, 2026
Effective Jul 27, 2025Who needs a licenseStatute (RCW)

VA medical foster homes exempt from AFH licensing

Before

A home caring for unrelated veterans needed an AFH license.

Now

A medical foster home overseen and reviewed each year by the U.S. Department of Veterans Affairs, caring for three or fewer veterans, is exempt.

Who it affects
VA medical foster homes only.
Practical impact
Narrow. Listed so the exemption is not mistaken for a general one.
Last verified
September 29, 2026
Effective Jul 1, 2025PaymentBudget and contract

2025–27 Medicaid rates and bargaining agreement

Before

Rates under the 2023–25 AFH Council agreement.

Now

A new agreement through June 30, 2027. The Health Care Authority's notice described a weighted-average increase of 14 percent in AFH daily rates. The two rate regions are unchanged: King, Pierce and Snohomish counties are paid more than the rest of the state.

Who it affects
Every home with Medicaid residents.
Practical impact
Use current rate tables, not a seller's older ones. Rates rose again July 1, 2026 under the agreement and can change July 1, 2027.
Last verified
September 29, 2026
Effective Jul 1, 2025LicensingBudget and contract

Annual license fee: $450 per bed

Before

A lower per-bed fee set in the earlier state budget (the AFH Council reports $225 per bed).

Now

$450 per licensed bed per year for renewals on or after July 1, 2025 ($2,700 for six beds), per DSHS's written answer. The 2025–27 bargaining agreement adds $0.62 per Medicaid day to rates to offset the fee on Medicaid beds.

Who it affects
Every licensed home, at its license anniversary.
Practical impact
Update expense projections; the fee is set in each two-year budget and can change again in July 2027.
Last verified
September 29, 2026
Effective Jul 1, 2025PaymentBudget and contract

Meaningful Day add-on eliminated

Before

A $40-a-day Meaningful Day add-on for eligible residents.

Now

The 2025–27 operating budget eliminated the adult family home Meaningful Day add-on.

Who it affects
Homes that billed Meaningful Day, and buyers reading older income statements.
Practical impact
Remove Meaningful Day from any income projection. A contract listed in the DSHS locator is not proof of payment.
Last verified
September 29, 2026
Assessments on or after July 1, 2025PaymentRule (WAC)

SBS requires CBHS ineligibility first

Before

A resident could be approved for Specialized Behavior Support without a CBHS determination.

Now

For assessments on or after July 1, 2025, a resident must first be found not eligible for Community Behavioral Health Support before receiving SBS or on-site staffing ratios under the residential support waiver.

Who it affects
Homes serving residents with behavioral needs, and buyers relying on SBS income.
Practical impact
Do not project new SBS residents the way sellers may have before 2025. Ask which residents are on CBHS and which on SBS.
Last verified
September 29, 2026
May 2025LicensingAgency

ALTSA merged into the Home and Community Living Administration

Before

Residential Care Services sat in the Aging and Long-Term Support Administration (ALTSA).

Now

DSHS combined ALTSA with the community side of the Developmental Disabilities Administration into the Home and Community Living Administration (HCLA). Many web addresses still use /altsa/.

Who it affects
No change to rules; only names and contacts.
Practical impact
Older documents that say ALTSA refer to the same programs.
Last verified
September 29, 2026
Revision dated April 2025BuildingDSHS form

Building inspection checklist: April 2025 revision

Before

Earlier revisions of the Adult Family Home Local Building Inspection Checklist.

Now

The current form is DSHS 15-604, revised 04/2025. It does not yet show the 27-inch interior door rule, which is a DSHS licensing rule rather than a checklist item.

Who it affects
Any house being inspected for AFH use.
Practical impact
Throw away printed or downloaded copies with an older revision date, and check the DSHS licensing rules as well as the checklist.
Last verified
September 29, 2026
Effective Mar 4, 2025BuildingRule (WAC)

7–8 bed homes without sprinklers

Before

The 2023 rule required an automatic sprinkler system (chapter 51-54A WAC) for any 7- or 8-bed home.

Now

A 7- or 8-bed home without an automatic sprinkler system may operate if it serves only residents who can evacuate without assistance; its license is limited accordingly. It must report to DSHS when any resident comes to need help evacuating, and its notice of services must say such residents will be discharged.

Who it affects
Providers seeking or holding 7–8 bed capacity.
Practical impact
Expansion without sprinklers is possible but limits who the home can serve, which limits income.
Last verified
September 29, 2026
Effective Mar 4, 2025BuildingRule (WAC)

Toilets: one per five persons, ensuite toilets count

Before

Homes licensed after August 1, 2023 with more than five residents needed at least two indoor toilets usable without going through another person's room.

Now

Homes licensed after August 1, 2023 need one accessible toilet per five persons, without going through another person's room; DSHS's explanation of the change says a toilet in a resident's own bathroom counts. Toilets residents do not use need not meet the AFH building code but must be closed to residents.

Who it affects
Homes licensed after August 1, 2023.
Practical impact
Restores flexibility for conversions; count every person in the home, not only residents.
Last verified
September 29, 2026
Effective Jul 1, 2024PaymentRule (WAC)

CBHS replaces Behavioral Health Personal Care

Before

Behavioral Health Personal Care (BHPC), funded with state-only dollars.

Now

Community Behavioral Health Support (CBHS), a Medicaid benefit run by the Health Care Authority with DSHS, paid in six tiers by the staff time a resident needs.

Who it affects
Homes serving residents with significant behavioral health needs.
Practical impact
Behavioral income is now tied to each resident's CBHS tier, reviewed at least every 12 months.
Last verified
September 29, 2026
June 6, 2024 to Jan 1, 2026LicensingStatute (RCW)Expired

Faster inspections for 7–8 bed applications (ended)

Before

Standard inspection timing for capacity-increase applications.

Then

For capacity-increase applications, DSHS could do the first inspection on receipt of the application and the second after six months. This provision expired January 1, 2026.

Who it affects
Providers who applied for 7–8 beds before January 1, 2026.
Practical impact
No longer available; advice that promises a fast track is out of date.
Last verified
September 29, 2026
Effective Apr 5, 2024Staffing and trainingRule (WAC)

Administrator training: 48 hours in the rule

Before

The rule required fifty-four hours of AFH administrator training.

Now

The rule requires 48 hours of instructional time from an approved community college, matching RCW 70.128.120. Courses as offered may still run longer.

Who it affects
New license applicants and entity representatives.
Practical impact
Ask DSHS whether an older certificate will be accepted before applying.
Last verified
September 29, 2026
Effective Jan 1, 2024Staffing and trainingRule (WAC)

Prospective-provider orientation class repealed

Before

Applicants had to complete a DSHS orientation class before applying.

Now

Repealed. The content is covered in the required administrator training.

Who it affects
New license applicants.
Practical impact
Checklists that still list the orientation class are out of date.
Last verified
September 29, 2026
Effective Aug 1, 2023LicensingRule (WAC)

A process to ask for an exemption from a rule

Before

No written process for asking DSHS to waive a specific requirement.

Now

A home may ask the Residential Care Services director in writing for an exemption from a specific requirement. It must not affect any resident's health, safety, rights or quality of life. The decision is at the director's sole discretion and cannot be appealed.

Who it affects
Every licensed home.
Practical impact
Useful for unusual houses, but never something to count on when buying.
Last verified
September 29, 2026
Effective Aug 1, 2023LicensingRule (WAC)

Both general and professional liability insurance

Before

Professional liability was addressed in a separate section, and not every home had to carry it.

Now

Every home must carry both commercial general liability and professional liability insurance, at least $500,000 per occurrence and $1,000,000 aggregate, before the first admission or within 10 working days of licensing, whichever comes first. A lapse must be reported to DSHS.

Who it affects
Every licensed home.
Practical impact
Budget for both policies; a buyer should see current certificates.
Last verified
September 29, 2026
Effective Aug 1, 2023LicensingRule (WAC)

Management agreements: attestation instead of approval

Before

DSHS had to approve a management agreement in advance.

Now

The provider files an attestation instead of waiting for approval. The provider remains responsible for the home.

Who it affects
Owners who hire a management company.
Practical impact
The filing is an attestation rather than a separate approval form, though the rule still calls it a ‘department approved’ agreement and DSHS can require changes. The agreement and signed attestation are due 60 days before it takes effect, and residents get 60 days' notice. It does not replace the provider's own qualifications.
Last verified
September 29, 2026
Effective Aug 1, 2023LicensingRule (WAC)

Seven- and eight-bed licensing created

Before

Six residents was the maximum.

Now

A provider may apply for seven or eight after at least 24 months under the initial license (including at least 12 months licensed for six residents), two full inspections with no enforcement action, and proof of financial solvency. A buyer of a 7–8 bed home must already have been a licensed provider for at least 24 months.

Who it affects
Existing six-bed providers and buyers of 7–8 bed homes.
Practical impact
A new owner cannot open at seven or eight beds, and a buyer without 24 months as a licensed provider does not qualify to apply for a change of ownership of a 7–8 bed home.
Last verified
September 29, 2026
Effective Aug 1, 2023BuildingRule (WAC)Replaced

Two toilets for more than five residents (replaced)

Before

One toilet per five persons.

Then

Homes licensed after August 1, 2023 with more than five residents needed at least two indoor toilets. Replaced March 4, 2025 (see above).

Who it affects
Homes licensed between August 1, 2023 and March 4, 2025.
Practical impact
Advice quoting the two-toilet rule is out of date.
Last verified
September 29, 2026

Proposed is not the same as adopted

Washington rules move through three filings: a CR-101 says the agency is considering a rule, a CR-102 publishes proposed text for comment, and only a CR-103 adopts it, usually taking effect 31 days later. Nothing below is law yet, and the final text can differ or never arrive. For example, DSHS proposed changes to the rule on licensing additional homes (WAC 388-76-10037) in 2026 and left them out of the adopted version.

Not yet lawPreproposal (CR-101); negotiated rulemaking

Background checks, discharge notices and bedroom windows

  • Drop background checks for spouses and domestic partners of entity representatives who have no ownership interest and do not live in the home, and clarify the age at which household members need checks.
  • Align the transfer and discharge notice rule (WAC 388-76-10616) with the statute.
  • Require new homes to have a 36-inch clear space in front of at least one resident bedroom window for emergency escape or rescue.

Filed June 10, 2026 as WSR 26-13-037. Last checked September 29, 2026.

Not yet lawPreproposal (CR-101)

Fingerprint background check process

  • Align AFH, assisted living, nursing home and enhanced services facility background check rules with the federal compact for fingerprint-based checks.
  • Streamline checks for home care agency providers, update definitions, and clarify checks for rehired employees.

Filed May 15, 2025 as WSR 25-11-052. Last checked September 29, 2026.

How to verify a rule yourself

  1. Open the section on the Legislature's WAC or RCW site and read the history line at the bottom: it lists every filing (WSR number) and its effective date.
  2. Open the newest WSR filing. If it differs from the codified page, the filing controls; the codified page can lag.
  3. For fees and add-ons, check the current DSHS notice or the AFH Council agreement, not the WAC.
  4. For proposals, look for a CR-103. A CR-101 or CR-102 alone changes nothing.
  5. When in doubt, ask DSHS Residential Care Services policy staff at rcspolicy@dshs.wa.gov and keep the written answer.

Questions to ask before buying or remodeling an AFH

  • When was this home first licensed, and has the license ever lapsed?
  • What changes have been made to exits or bedrooms since the last building inspection, and were they approved?
  • Which residents are on CBHS, SBS or ECS, and what does each pay today?
  • Does any income statement still include Meaningful Day?
  • How are live-in caregivers paid, and has payroll been reviewed since July 2026?
  • Does every Medicaid resident have a signed residency agreement, and every resident a signed notice-of-rights acknowledgement?
  • For a seven- or eight-bed home: is there a sprinkler system, and does the license limit who the home may serve?

Related: Washington Adult Family Homes: The Complete Guide · AFH Glossary · Is It Really an Adult Family Home?

Frequently Asked Questions

AFH Rule Changes: Common Questions

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Professional Disclosure

Real Property Planning is an educational and connection hub. It does not provide legal, tax, accounting, financial, brokerage, or appraisal services. Professionals referenced on this site are independently licensed and operate through their own separate businesses. Real estate brokerage services are provided by David Stein, a licensed Washington broker, through eXp Realty. Appraisal services are provided by David Stein through Stein Appraisal. Read the full disclaimer.

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