| (a) Construction.
(1) Major construction. Construction, of other than
minor alterations, shall not commence until the final plan review
deficiencies have been satisfactorily resolved, the appropriate plan
review fee, according to the plan review schedule in §125.15
of this title (relating to Fees), has been paid, and the department
has issued a letter granting approval to begin construction. Such
authorization does not constitute release from the requirements contained
in this chapter. If the construction takes place in or near occupied
areas, adequate provision shall be made for the safety and comfort
of occupants.
(2) Construction commencement notification. The architect
of record or the licensee or applicant shall provide written notification
to the department when construction will commence. The department
shall be notified in writing of any change in the completion schedules.
(3) Completion. Construction shall be completed in
compliance with the construction documents including all addenda or
modifications approved for the project.
(b) Construction inspections. All facilities including
those which maintain certification under Title XVIII of the Social
Security Act (42 United States Code, §1395 et seq.), are subject
to construction inspections.
(1) Number of construction inspections. A minimum of
two construction inspections of the project is generally required
for the purpose of verifying compliance with subchapters G and H
of this chapter and the approved plans and specifications. The final
plan approval letter will inform the architect of record and the owner
as to the minimum number of inspections required for the project.
(2) Requesting an inspection. The architect of record
or the licensee shall request a inspection by submitting an Application
for Inspection and the construction inspection fee in accordance with
§125.15(d) of this title for each intermediate inspection, final
inspection, and reinspection requested. Inspection requests by contractors
will not be honored.
(A) The architect of record or the licensee shall request
an intermediate construction inspection to occur at approximately
80% completion. All major work above the ceiling shall be completed
at the time of the intermediate inspection, however ceilings should
not be installed.
(B) The architect of record or the licensee shall request
a final construction inspection at 100% completion. One-hundred percent
completion means that the project is completed to the extent that
all equipment is operating in accordance with specifications, all
necessary furnishings are in place, and patients could be admitted
and treated in all areas of the project.
(3) Reinspection. Depending upon the number and nature
of the deficiencies cited during the final inspection, the surveyor
may require that an inspection be conducted to confirm correction
of all deficiencies cited. The request for re-inspection shall be
submitted in accordance with paragraph (2) of this subsection.
(c) Approval of project. Patients shall not occupy
a new structure or remodeled or renovated space until approval has
been received from the local building and fire authorities and the
department.
(1) Documentation requirements. The licensee shall
submit the following documents to the department before the project
will be approved:
(A) written approval of the project by the fire authority;
(B) a certificate of occupancy for the project issued
by the local building authority;
(C) written certification by the engineer, stating
that the fire sprinkler system is installed in accordance with the
requirements of NFPA 13, Standard for the Installation of Sprinkler
Systems, 1999 edition, if applicable;
(D) fire alarm system certification (form FML-009 040392
of the Office of the State Fire Marshal), if applicable;
(E) a written plan of correction signed by the licensee
for any deficiencies noted during the final inspection;
(F) a copy of documentation indicating the flame spread
rating and the smoke development rating of any wall covering installed
in this project. Provide a signed letter or statement corroborating
the installation of the product in the project;
(G) a copy of documentation indicating that draperies,
curtains, and other similar loosely hanging furnishings and decorations
are flame resistant as demonstrated by passing both the small and
large-scale tests of National Fire Protection Association (NFPA) 701,
Standard Methods of Fire Tests for Flame-Resistant Textiles and Films,
1999 edition, as required by NFPA 101, Code for Safety to Life from
Fire in Buildings and Structures, §18-7.5, and provide a signed
letter or statement corroborating the installation of the product
in the project. 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.
(H) a Final Construction Approval form signed by the
licensee; and
(I) any other documentation or information required
due to the type of the project.
(2) Verbal occupancy approval.
(A) If, during the final inspection, the surveyor finds
only a few minor deficiencies that do not jeopardize resident health,
safety and welfare, the surveyor may grant verbal approval for occupancy
contingent upon the documents listed in paragraph (1)(A)-(E) of this
subsection being provided to and approved by the surveyor at the time
of the final inspection.
(B) Verbal occupancy approval allows the licensee to
occupy the project. However, the licensee must submit the documents
required in paragraph (1)(F)-(I) of this subsection before the project
receives final approval.
(3) Final approval. Upon its receipt and acceptance
of the documents required in paragraph (1) of this subsection, the
department will issue final approval of the project.
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