W. Va. Code R. § 64-2-5 - Site Location, New Construction, Additions, Renovations and Alterations

5.1. The requirements of this section apply in total to all proposed medical adult day care facilities.

5.2. For new construction, additions, renovations, or alterations to existing centers, and before construction begins on a proposed center, the applicant shall submit a complete set of drawings and specifications for the architectural, structural, and mechanical work as follows:

5.2.a. An architect or engineer registered in West Virginia shall prepare, sign and seal the submitted set of construction drawings and specifications and submit one set of these documents to the Secretary and one set to the state fire marshal for approval. The registered architect or engineer shall also inspect the new center or the additions and renovations during the construction phase.

5.2.b. Unless substantial construction is started within one year of the date of approval of final drawings, the architect, engineer or applicant, whichever is applicable, shall obtain a written statement from the Secretary that the plan approval for construction is still valid and in compliance with this rule.

5.2.c. The Secretary shall inspect sites for all proposed centers and sites of additions or renovations to existing centers, prior to the applicant starting site development or initiating construction. Sites shall:

5.2.c.1. Have adequate drainage to divert surface water and be located in an area above the one hundred (100) year flood plain;

5.2.c.2. Have a water supply that is safe and sized to meet all center needs. Water supplies shall be installed, constructed, maintained, operated and monitored in compliance with Division of Health rules, Water Supply Regulations, 64CSR3, Water Well Regulations, 64CSR19, and Cross-Connection and Backflow Prevention Regulations, 64CSR15, as applicable; and

5.2.c.3. Have precautions to assure the participants' safety, if located near railroads, freight yards, traffic arteries or airports.

5.3. A qualified soils engineer shall review any questionable soil conditions, high walls, or surface water runoff, and if conditions require, perform earth core borings and laboratory tests. If engineered soil is installed or other soil tests conducted, the applicant shall provide the Secretary with copies of the soil test reports.

5.4. The Secretary shall inspect and approve all construction, new additions, renovations or alterations prior to the admission of new or additional participants. When construction is substantially complete, the applicant shall submit a substantial completion form signed by all the parties involved and a completed inspection request form to the Secretary.

5.5. The applicant is responsible for paying all fees for site inspections of new construction or major renovations, architect reviews of drawings and specifications and inspections of new projects before they begin.

5.6. The applicant shall submit plans for the addition, removal or modification of equipment that is permanently affixed to the building or that may otherwise involve or necessitate new construction, alterations or additions to the center to the Secretary for approval.

5.7. Other changes involving equipment, that may or may not require physical changes in the center, but that may relate to other standards and requirements of this rule may require the Secretary's approval. The applicant shall request approval in advance from the Secretary regarding a specific change or rearrangement. Areas in which changes are likely to require approval include changes to the physical plant.

5.8. The center shall comply with the international building code, 2003 edition, or the most current edition adopted as the State Building Code 87CSR4.

5.9. The center shall comply with the Fire Commission rule, Fire Code, 87CSR1.

5.10. The center shall comply with the Americans with Disabilities Act (ADA) and the American National Standards Institute (ANSI) codes ACT 42.U.S.C.12101, et seq.

5.11. The center shall comply with local building or zoning codes if they require standards higher than those required by this rule.

5.12. The center shall have an all weather hard surface road that connects directly to a highway.

5.13. The center shall have parking areas with:

5.13.a. Clean, solid earth beds, a compacted stone base and a hard surface all weather finish coat, free of broken, gaped or uneven paving, with slopes that permit good drainage; and

5.13.b. Adequate vehicular parking spaces for all staff on duty and space to accommodate family and visitors at a ratio of one parking space to every five (5) participants.

5.13.c. A designated area for loading and unloading participants that provides a covered walkway from the loading and unloading area to the facility entrance, to provide protection from inclement weather.

5.14. The center shall have hard, slip resistant surface concrete walks at all exits that connect to the main walk or parking area, that are a minimum of forty-eight (48) inches wide.

5.15. The applicant shall ensure that low windows, open porches, changes in floor level and similar potential hazards are designed so that the danger of accidents is minimized and that dangerous areas on the site are safeguarded.

5.16. Outdoor areas used by participants shall be enclosed by a fence or barrier to create a boundary that prevents participant elopement.

5.17. The center shall have an audible staff call system in all areas occupied by participants where direct visual contact is not possible by staff at all times. These areas include toilet and bathing areas or private rest areas used by participants.

5.18. The center's toilet and bathing facilities shall provide the following:

5.18.a. A minimum of two (2) toilet rooms for participant use and thereafter, toilet rooms shall be provided at a ratio of no less than one toilet and lavatory for every ten (10) participants. At least one toilet room shall be equipped to accommodate a two person assisted transfer between wheelchair and toilet. Each toilet room shall contain a flushing toilet and hand washing sink, with a mirror over the sink;

5.18.b. A minimum of one (1) handicapped accessible toilet room for use by staff and visitors;

5.18.c. A minimum of one (1) fully handicapped accessible bathing facility with a toilet, lavatory, and a bath tub or shower, equipped with non-slip surfaces, a shower seat and safety rails to aid in maintaining the personal hygiene of participants;

5.18.d. Grab-bars at toilets, tubs, and showers that are securely mounted to the finished wall with a steel plate or a two (2) inch by six (6) inch wood plate backing behind the wall. Grab bar brackets shall be spaced to support two hundred and fifty (250) pounds of a concentrated load at any point on the grab bar; and

5.18.e. Toilet room and bathroom doors with locking type hardware that swing outward and can be opened from outside in the event of an emergency.

5.19. The center shall have a minimum of 500 square feet of space for dining, leisure and activities for the first five (5) participants. Thereafter, there shall be a minimum of thirty-five (35) square feet per participant, excluding toilet rooms, bathing facilities, offices, and storage areas.

5.19.a. The dining area shall provide no less than fifteen (15) square feet per participant and be equipped with tables and seating to accommodate each participant.

5.19.b. The leisure and activity area shall provide no less than twenty (20) square feet per participant.

5.19.c. If specialty services and treatments are provided increased square footage is required to assure sufficient space for treatment and equipment storage at the following rate:

5.19.c.1. For Alzheimer's and dementia, forty (40) square feet per participant;

5.19.c.2. For physical therapy rehabilitation therapy, fifty (50) square feet per participant; and

5.19.c.3. For developmental disability, seventy (70) square feet per participant.

5.20. The center shall provide a minimum of one private treatment/examination room for use by participants who require individualized treatment. Treatment/examination rooms shall be equipped with a minimum of one bed or examination table, provisions for privacy for each bed or examination table if there is more than one (1) and hand washing facilities.

5.21. The center shall provide a private rest area for participants who are ill or need to rest. The rest area shall provide no less than 120 square feet of clear floor space and be located near a toilet room.

5.22. If the center provides laundry services, the laundry room shall have separation between the soiled and clean laundry, mechanical ventilation in the soiled area, a clean area large enough for folding linens, and venting to the outside for any electric or gas dryer.

5.23. The center shall have at least one housekeeping closet or room that contains a service sink for a sanitary means of disposal of waste water in an area inaccessible to participants.

5.24. The center shall have sewage disposal in accordance with Division of Health rules, Sewage System Rules, 64CSR9, and Sewage Treatment and Collection System Design Standards, 64CSR47.

5.25. Heating, ventilation and air conditioning systems shall comply with the State Building Code 84CSR4 and the American Society for Heating Refrigeration and Air Conditioning Guidelines.

5.26. The center shall be a single story structure or have access and services on ground floor level.

Notes

W. Va. Code R. § 64-2-5