SECTION .0300 – PHYSICAL PLANT

10A NCAC 70K .0301       APPLICATION OF PHYSICAL PLANT REQUIREMENTS

(a)  New construction and existing buildings proposed for use as a residential maternity home shall comply with the requirements of this Section.

(b)  Except when otherwise specified, existing licensed homes or portions of existing licensed homes shall meet licensure and code requirements in effect at the time of construction, initial licensure, change in service, change in resident capacity or evacuation capability of the residents, addition, renovation or alteration.

(c)  New additions, alterations, modifications and repairs made to the building shall meet the requirements of this Section.

(d)  A residential maternity home shall not have two different types of occupancies, as defined in the State Building Code in the same building.

(e)  Rules contained in this Section are the Physical Plant requirements and do not prohibit buildings, systems or operational conditions that exceed these requirements.

(f)  Equivalency:  Alternate methods, procedures, design criteria and functional variations from the physical plant requirements shall be approved by the Division of Health Service Regulation when the facility can demonstrate to the Division of Health Service Regulation's satisfaction, that the intent of the physical plant requirements are met and the variation does not reduce the safety or operational effectiveness of the facility.

(g)  The facility must comply with all applicable local, state and federal regulations.

History Note:        Authority G.S. 131D‑1; 143B‑153;

Eff. October 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.