(1) The Director of Human Services shall waive the requirements of ORS 443.410 for a residential care facility caring for residents with physical disabilities if:
(a) Each resident is over 16 years of age;
(b) No more than five individuals with physical disabilities reside in any one building of the facility; and
(c) The residential care facility complies with the applicable requirements of the State Fire Marshal.
(2) As used in this section, “building” means any structure that does not share a common wall or roof with another structure.