this subdivision shall be construed to prohibit the commissioner from incorporating existing state or federal regulations or accreditation standards by reference. Subd. 2. Standards and regulatory methods. This subdivision applies to rules governing this chapter that are adopted after July 1, 1987. As appropriate for each type of license: (a) The commissioner shall give preference in rule to standards that describe program outcomes and the practices that have been shown to result in the desired program outcomes. (b) The rules may include model program standards for each type of program licensed by the commissioner. (c) The rules shall include basic licensing standards governing licensure of each type of program licensed by the commissioner. The basic licensing standards must be met by all applicants and license holders. Basic licensing standards must include, but are not limited to: (1) standards for adequate staff that take into account the age distribution and severity of the disability of persons served by the program; (2) safety standards that take into account the size and conditions of the physical plant and studies of fire safety including studies of the interaction between fire detection factors, fire spread factors, and evacuation factors in case of a fire; (3) standards for program services that describe, when appropriate, adequate levels of shelter, nutrition, planned activities, materials, and qualifications of individuals responsible for administering and delivering program services; (4) standards that describe the characteristics of the settings where program services are to be delivered; and (5) health and sanitation standards. Subd. 3. Reduction of fees. The commissioner may adopt rules under subdivision 1 to provide for the reduction of fees established under section 245A.10 when a license holder substantially exceeds the basic standards for licensure. Subd. 4. Evaluation of rules. For rules adopted under this section after July 1, 1987, the commissioner shall evaluate the effects of the rules within three years after the date of adoption and at least once every five years thereafter. The evaluation must include an assessment of any discrepancies between the actual and intended effects of the rules, identification of necessary revisions, if any, and a discussion of the rules’ effect on the availability and quality of licensed programs. The commissioner shall consider the results of the evaluation in amending and writing rules. Subd. 5. Other duties of commissioner. For rules adopted after July 1, 1987, the commissioner shall: (1) summarize the rules in language understandable to the general public and inform license holders and applicants where they may obtain a copy of the rules and the summary;
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