10A NCAC 13F .0302       Design and CONSTRUCTION

(a)  A building licensed for the first time as an adult care home or a licensed adult care home that is closed or vacant and not serving residents for more than one year for reasons other than approved construction or remodeling shall meet the requirements of the North Carolina State Building Codes for new construction. All new construction, additions, alterations, repairs, modifications, and renovations to existing buildings shall meet the requirements of the North Carolina State Building Codes for I-2 Institutional Occupancy if the facility houses 13 or more residents or the North Carolina State Building Code: Building Code, Large Residential Care Facilities Section if the facility houses seven to twelve residents. The North Carolina State Building Codes, which are incorporated by reference, including subsequent amendments and editions, may be purchased from the International Code Council online at https://shop.iccsafe.org/ at a cost of eight hundred fifty-eight dollars ($858.00) or accessed electronically free of charge at https://codes.iccsafe.org/codes/north-carolina. Licensed facilities shall meet the North Carolina State Building Codes in effect at the time of licensure, construction, or remodeling. The facility shall also meet all of the rules of this Section.

(b)  A facility shall not offer services for which the facility was not planned, constructed, equipped, or maintained.

(c)  An existing building converted from another use to an adult care home shall meet all requirements of Paragraph (a) of this Rule.

(d)  The sanitation, water supply, sewage disposal, and dietary facilities for facilities with a licensed capacity of 13 or more residents shall comply with Rules Governing the Sanitation of Hospitals, Nursing Homes, Adult Care Homes and Other Institutions set forth in 15A NCAC 18A .1300, which are hereby incorporated by reference, including subsequent amendments and editions. The sanitation, water supply, sewage disposal, and dietary facilities for facilities with a licensed capacity of 7 to 12 residents shall comply with Rules Governing the Sanitation of Residential Care Facilities set forth in 15A NCAC 18A .1600, which are hereby incorporated by reference, including subsequent amendments and editions. Copies of these Rules may be accessed online free of charge at https://www.oah.nc.gov/.

(e)  The facility shall maintain in the facility and have available for review current sanitation and fire safety inspection reports.

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

Eff. January 1, 1977;

Readopted Eff. October 31, 1977;

Amended Eff. July 1, 1990; September 1, 1986; April 1, 1984;

Temporary Amendment Eff. September 1, 2003;

Amended Eff. June 1, 2004;

Temporary Amendment Eff. July 1, 2004;

Amended Eff. July 1, 2005;

Readopted Eff. April 1, 2025.