Title 22 SNF RN coverage licensed beds vs census

[Ktchauvin]

I cannot find the answer to my question anywhere online so I am hoping that someone here will be able to help me.

I am curious as to whether 24 hour RN coverage is based on the amount of licensed beds a facility has OR if it based on the census.

According to title 22, division 5, chapter 3, aprticle 3, s72329(d):

(d) Facilities licensed for 100 or more beds shall have at least one registered nurse, awake and on duty, in the facility at all times, day and night, in addition to the director of nursing service. The director of nursing service shall not have charge nurse responsibilities.

Details: I work for a facility that is licensed for 117 beds. Our census is currently 94. I am being told that we do not need RN coverage for NOC shift as our census is not above 100. The regulation simply states that if a facilty is licensed for 100+ that it needs 24 hour RN coverage.

Can anyone clarify this for me? Does our facility need to provide 24 hour RN coverage even if our census is below 100 because we are licensed for 117 beds?