| (a) General. When local regulations are in effect and
enforced governing the construction of a SCF, the SCF shall be constructed
in accordance with the local regulations. An existing SCF may voluntarily
comply with any of the following requirements.
(b) Existing special care facilities. In the absence
of local regulations, an existing SCF shall comply with the following
sections.
(1) Compliance.
(A) A licensed SCF which is licensed prior to the effective
date of these rules is considered to be an existing licensed SCF and
shall continue, at a minimum, to meet the licensing requirements under
which it was originally licensed.
(B) In lieu of meeting the requirements in subparagraph
(A) of this paragraph, an existing licensed SCF may, instead, comply
with National Fire Protection Association 101, Code for Safety to
Life from Fire in Buildings and Structures, 2000 edition (NFPA 101),
Chapter 33, Existing Residential Board and Care Facilities, or Chapter
19, Existing Health Care Occupancies. All documents published by NFPA
as referenced in these rules may be obtained by writing or calling
the NFPA, 1 Batterymarch Park, Quincy, MA 02169-7471, or (800) 344-3555.
(2) Remodeling and additions. All remodeling, renovations,
additions and alterations to or relocation of an existing SCF shall
be done in accordance with the requirements for new construction in
subsection (c) of this section. When existing conditions make such
changes impractical, the department may grant a conditional approval
of minor deviations from the requirements of subsection (c) of this
section, if the intent of the requirements is met and if the care,
safety and welfare of residents will not be jeopardized. The operation
of the SCF, accessibility of individuals with disabilities, and safety
of the residents shall not be compromised by a condition(s) that is
not in compliance with this chapter.
(A) Building equipment alterations or installations.
Any alteration or any installation of new building equipment, such
as mechanical, electrical, plumbing, fire protection, or piped medical
gas system shall comply with the requirements for new construction
and may not be replaced, materially altered, or extended in an existing
SCF until complete plans and specifications have been submitted to
the department, and the department has reviewed and approved the plans
and specifications in accordance with §125.94 of this title (relating
to Preparation, Submittal, Review and Approval of Plans).
(B) Minor remodeling or alterations. Minor remodeling
or alterations within an existing SCF which do not involve alterations
to load bearing members and partitions, change functional operation,
affect fire safety, add or subtract services, or involve any of the
major changes listed in subparagraph of this paragraph are considered
to be minor projects and require evaluation and approval by the department.
An SCF shall submit a written request for evaluation, a brief description
of the proposed changes, and sketches of the area being remodeled
or altered. Based on such submittal, the department will evaluate
and determine whether any additional submittals or inspections are
required. The department will notify the SCF of its decision.
(C) Major remodeling or alterations. All remodeling
or alterations which involve alterations to load bearing members or
partitions, change functional operation, affect fire safety, or add
or delete services, are considered major projects. A SCF shall comply
with this subparagraph prior to beginning construction of major projects.
(i) Submittal of plans. Plans shall be submitted in
accordance with §125.94 of this title for all major remodeling
or alterations.
(ii) Phasing of construction in existing facilities.
Projects involving alterations of or additions to existing buildings
shall be programmed and phased so that on-site construction will minimize
disruptions of existing functions.
(I) Access, exit access, fire protection and all necessary
functions shall be maintained so that the safety of the occupants
will not be jeopardized during construction.
(II) Construction, dust, objectionable fumes and vapor
barriers shall be provided to separate areas undergoing demolition
and construction from occupied areas.
(III) Temporary sound barriers shall be provided where
intense, prolonged construction noises will disturb patients, residents
or staff in the occupied portions of the building.
(3) Previously licensed SCF. A previously licensed
SCF that has been vacated for 12 months or longer or used for other
purposes shall comply with all the requirements for new construction
contained in subsection (c) of this section in order to be licensed.
(c) Construction requirements for new SCFs.
(1) SCF location. A SCF may be a distinct separate
part of an existing hospital. It may occupy an entire separate independent
structure, or it may be located within another building such as an
office building or commercial building.
(A) Accessibility to facility. The location of a proposed
new SCF shall be easily accessible to service vehicles and fire protection
apparatus.
(B) Means of egress. A SCF shall have at least two
exits remotely located in accordance with NFPA 101, §§18.2.4.1,
32.2.2.1, and 32.3.2.4. When a required means of egress from the SCF
is through another portion of the building, that means of egress shall
comply with the requirements of NFPA 101 which are applicable to the
occupancy of the other building. Such means of egress shall be open,
available, unlocked, unrestricted, and lighted at all times during
the SCF hours of operation.
(C) Hazardous locations.
(i) Underground and above ground hazards. A new SCF
or an addition(s) to an existing SCF shall not be constructed within
125 feet of a hazardous location or easement. Hazardous locations
include underground liquid butane or propane, liquid petroleum or
natural gas transmission lines, high-pressure lines, or under high
voltage electrical lines.
(ii) Fire hazards. A new SCF shall not be built within
300 feet of above ground or underground storage tanks containing liquid
petroleum or other flammable liquids used in connection with a bulk
plant, marine terminal, aircraft refueling, bottling plant of a liquefied
petroleum gas installation, or near other hazardous or hazard producing
areas.
(iii) Health and safety hazards. A new SCF shall not
be located in a building which, because of its location, physical
condition, state of repair, or arrangement of facilities, would be
determined hazardous to the health or safety of the resident.
(D) Undesirable locations.
(i) Nuisance producing sites. A new SCF shall not be
located near nuisance producing sites such as industrial sites, feed
lots, sanitary landfills, or manufacturing plants which produce excessive
noise or air pollution.
(ii) Flood plains. Construction of a new SCF shall
be avoided in designated flood plains. Where such is unavoidable,
access and required SCF components shall be constructed at least one
foot above the designated flood plain. This requirement also applies
to new additions to an existing SCF or a portion of facility which
has been licensed previously as a SCF, but which has been vacated
or used for other purposes. This requirement does not apply to remodeling
of an existing licensed SCF.
(iii) Cemeteries. A new SCF shall not be located near
a cemetery in a manner that allows direct views of the cemetery from
resident rooms, dining area, living areas or front entry of the facility.
(2) SCF site. The SCF site shall include paved roads,
walkways, and parking in accordance with the requirements set out
in this paragraph.
(A) Paved roads and walkways.
(i) Paved roads shall be provided within lot lines
for access from public roads to the main entrance and to service entrances.
Gravel-based roads are permitted in rural areas.
(ii) Finished surface walkways shall be provided for
pedestrians. When public transportation or walkways serve the site,
finished surface walkways or paved roads shall extend from the public
conveyance to the building entrance.
(B) Parking.
(i) Off street parking shall be provided at the minimum
ratio of one space for each four resident beds, one space for each
daytime staff member, and one visitor space for every four resident
beds, or per local code, whichever is more stringent.
(ii) Handicapped parking. Parking spaces for handicapped
persons shall be provided in accordance with the Americans with Disabilities
Act (ADA) of 1990, Public Law 101-336, 42 United States Code, Chapter
126, and Title 36 Code of Federal Regulations, Part 1191, Appendix
A, Accessibility Guidelines for Buildings and Facilities.
Cont'd... |
