SECTION .0300 - PHYSICAL PLANT

10A NCAC 13F .0301       APPLICATION OF PHYSICAL PLANT REQUIREMENTS

Adult Care Homes shall apply the following physical plant requirements:

(1)           New construction shall comply with the requirements of this Section.

(2)           Except where otherwise specified, existing licensed facilities or portions of existing licensed facilities shall meet the licensure and code requirements in effect at the time of licensure, construction, change in service or bed count, addition, modification, renovation, or alteration.

(3)           New additions, alterations, modifications, and repairs shall meet the requirements of this Section.

(4)           Effective July 1, 1987, resident bedrooms and resident services shall not be permitted on the second floor of a facility licensed for seven or more beds prior to April 1, 1984 and classified as two-story wood frame construction by the North Carolina State Building Code.

(5)           Rules contained in this Section are minimum requirements and are not intended to prohibit buildings, systems, or operational conditions that exceed minimum requirements.

(6)           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 facility 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. For the purpose of this Rule, "extraordinary circumstances" means situations that are unexpected and beyond the control of the facility; or

(iii)          unable to be met due to new programs.

(b)           the justification for the equivalency; and

(c)           how the proposed equivalency meets the intent of the corresponding rule requirement.

(7)           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.

(8)           Where rules, codes, or standards have a conflict, the more stringent requirement shall apply.

History Note:        Authority G.S. 131D-2.16; 143B-165;

Temporary Adoption Eff. July 1, 2004;

Eff. July 1, 2005;

Readopted Eff. April 1, 2025.