(a)  New construction and existing buildings proposed for use as a residential child-care facility for initial licensure shall comply with the requirements of this Section.

(b)  Except where otherwise specified, existing licensed facilities or portions of existing licensed facilities shall meet licensure and code requirements in effect at the time of construction; change in service; or 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 child-care facility 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 residential child-care facility must comply with all applicable local, state and federal regulations.


History Note:        Authority G.S. 131D-10.5; 143B-153;

Eff. October 1, 2008;

Amended Eff. November 1, 2009;

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