10A N.C. Admin. Code 13K .1116 - APPLICATION OF PHYSICAL PLANT REQUIREMENTS
The physical plant requirements for each hospice residential facility or unit shall be applied as follows:
(1) New construction shall comply with all
the requirements of this Section.
(2) Except where otherwise specified,
existing buildings shall meet the licensure and code requirements in effect at
the time of licensure, construction, alteration, or modification.
(3) Rules contained in this Section are
minimum requirements and are not intended to prohibit buildings, systems, or
operational conditions that exceed minimum requirements.
(4) The Division may grant an equivalency to
allow alternate methods, procedures, design criteria, or functional variation
from the requirements of this Rule and the rules contained in this Section. The
equivalency may be granted by the Division when a governing body submits a
written equivalency request to the Division that states the following:
(a) the rule citation and the rule
requirement that will not be met because strict conformance with current
requirements would be:
(i)
impractical;
(ii) unable to be met
due to extraordinary circumstances;
(iii) unable to be met due to new programs;
or
(iv) unable to be met due to
unusual conditions;
(b)
the justification for the equivalency; and
(c) how the proposed equivalency meets the
intent of the corresponding rule requirement.
(5) In determining whether to grant an
equivalency request, the Division shall consider whether the request will
reduce the safety and operational effectiveness of the facility. The governing
body shall maintain a copy of the approved equivalence issued by the
Division.
(6) Where rules, codes,
or standards have any conflict, the more stringent requirement shall
apply.
Notes
Eff. February 1, 1996;
Readopted Eff. October 1, 2021.
Eff. February 1, 1996.
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