1Pursuant to subsection 458A-14.004(4), 5F.A.C., there shall be no more than five (5) residents in any AFCH. The maximum number of residents in any particular AFCH shall be determined by the agency in consultation with the AHJ. 38Pursuant to 40subsection 41429.67(7), F.S., 43any relative who lives in the AFCH and who is a disabled adult or frail elder must be counted as a resident. Relative means a relative of the provider who is licensed to operate the home. 79If the agency has been notified in writing that there is no AHJ, the agency shall consult with an authorized representative of the division concerning resident capacity.