The physical plant requirements for each hospice inpatient facility or unit shall be applied as follows:

(1)           New construction shall comply with the requirements of Section .1200 of this Subchapter;

(2)           Existing buildings shall meet licensure and code requirements in effect at the time of construction, alteration or modification;

(3)           New additions, alterations, modifications, and repairs shall meet the technical requirements of Section .1100 of this Subchapter; however, where strict conformance with current requirements would be impracticable, the authority having jurisdiction may approve alternative measures where the facility can demonstrate to the Department's satisfaction that the alternative measures do not reduce the safety or operating effectiveness of the facility;

(4)           Rules contained in Rule .1210 of this Section are minimum requirements and not intended to prohibit buildings, systems or operational conditions that exceed minimum requirements;

(5)           Equivalency:  Alternate methods, procedures, design criteria, and functional variations from the physical plant requirements, because of extraordinary circumstances, new programs, or unusual conditions, may be approved by the authority having jurisdiction when the facility can effectively demonstrate to the Department's satisfaction, that the intent of the physical plant requirements are met and that the variation does not reduce the safety or operational effectiveness of the facility; and

(6)           Where rules or codes have any conflict, the more stringent requirement shall apply.


History Note:        Authority G.S. 131E‑202;

Eff. February 1, 1996.