Ill. Admin. Code tit. 77, § 300.2810 - Applicability of this Subpart N
a)
Applicability of New Construction Requirements
This Subpart N shall apply to all new facilities and major alterations and additions to existing facilities. (Major alterations are those that are not defined as minor alterations in subsection (h).) Facilities contemplating construction shall contact the Health Facilities and Services Review Board for information concerning the current requirements.
b)
Before commencing
construction of a new facility or specified types of alteration or additions to
an existing long term care facility involving major construction, as
defined in subsection (h), architectural drawings and
specifications for the facility shall comply with Section
300.2830 and shall be
submitted to the Department for review and approval. The Department
will not assess a plan review fee on projects with an estimated construction
cost of $100,000 or less. (Section 3-202.5(a) of the Act)
c) The drawings and specifications shall be
submitted to the Department for review and approval prior to beginning of
construction. For final approval to remain valid, contracts shall be signed
within one year after the date of final approval.
1)
The Department will
inform an applicant in writing within 10 working days after receiving
drawings and specifications and the required fee, if any, from the applicant
whether the applicant's submission is complete or incomplete. Failure to
provide the applicant with this notice within 10 working days will
result in the submission being deemed complete for purposes of
initiating the 60-day review period under the Act and
this Part.
2)
If the submission is complete and the required fee, if
any, has been paid, the Department will approve or disapprove
drawings and specifications submitted to the Department no later than 60 days
following receipt by the Department. (Section 3-202.5(b) of the
Act)
d)
The
drawings and specifications shall be of sufficient detail, pursuant to
Section 300.2830, to enable the
Department to render a determination of compliance with design and construction
standards under the Act and this Part. If the
Department finds that the drawings are not of sufficient detail to render a
determination of compliance, the plans will be determined to
be incomplete and will not be considered for purposes of
initiating the 60-day review period.
1)
If a submission of drawings and
specifications is incomplete, the applicant may submit additional information.
The 60-day review period will not commence until the
Department determines that a submission of drawings and specifications is
complete or the submission is deemed complete.
2)
If the Department has not approved
or disapproved the drawings and specifications within 60 days, the
construction, major alteration, or addition will be deemed
approved. If the drawings and specifications are disapproved, the
Department will state in writing, with specificity, the
reasons for the disapproval.
3)
The entity submitting the drawings
and specifications may submit additional information in response to the written
comments from the Department or request a reconsideration of the disapproval. A
final decision of approval or disapproval will be made within
45 days after the receipt of the additional information or
reconsideration request. If denied, the Department will state
the specific reasons for the denial. (Section 3-202.5(b) of the
Act)
e) Any contract
modifications that affect or change the function, design, or purpose of a
facility shall be submitted to the Department for approval prior to authorizing
the modifications. The approval will be based upon compliance with Section
300.2830. Comments or approval
will be provided within 30 days after receipt by the Department.
f)
The Department will
conduct an on-site inspection of the completed project no later than 30
days after notification from the applicant that the project has been completed
and all certifications required by the Department have been received and
accepted by the Department, except that, during a statewide public health
emergency, as defined in the Illinois Emergency Management Agency Act, the
Department will conduct an on-site inspection of the completed
project to the extent feasible. The Department will
provide written approval for occupancy to the applicant within 5
working days after the Department's final inspection, provided
the applicant has demonstrated substantial compliance as defined in
subsection (k). (Section 3-202.5(g) of the Act)
g)
The Department will
provide written approval for occupancy pursuant to the Act and
this Section and will not issue a violation to a
facility as a result of a licensure or complaint survey based upon the
facility's physical structure if:
1)
The Department reviewed and approved or is
deemed to have approved the drawings and
specifications for compliance with design and construction
standards;
2)
The
construction, major alteration, or addition was built as
submitted;
3)
The Act or this Part have not been
amended since the original approval; and
4)
The conditions at the facility
indicate that there is a reasonable degree of safety provided for the
residents. (Section 3-202.5(c) of the Act)
h) Minor alterations or remodeling changes
that do not affect the structural integrity of the building, that do not change
functional operation, that do not affect fire or life safety, and that do not
add beds or facilities over those for which the facility is licensed do not
need to be submitted for drawing approval. However, the Health Facilities and
Services Review Board requirements shall be met for all alterations and
remodeling projects.
i) No system
of water supply, plumbing, sewage, garbage or refuse disposal shall be
installed, nor any existing system altered or extended until complete plans and
specifications for the installation, alteration or extension have been
submitted to the Department and have been reviewed and approved. The approval
will be based upon compliance with Section
300.2820.
j)
Nothing in this Section shall be
construed to apply to maintenance, upkeep, or renovation that does not affect
the structural integrity of the building, does not affect fire or life
safety, or does not add beds or services over the number for which the
long-term care facility is licensed, and provides a reasonable degree of safety
for the residents. (Section 3-202.5(j) of the Act)
k) A facility shall be deemed in substantial
compliance if all life and fire safety systems and features are installed and
operating in accordance with manufacturer's recommendations and all referenced
standards in subsections
300.340(a)(1)(F) and
(G). All areas shall be complete and ready
for their intended use and shall not pose a fire or safety hazard for the
intended occupants of the facility.
Notes
Amended at 13 Ill. Reg. 4684, effective March 24, 1989
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