Amendments to Standards for Hospitals and Health Facilities, Chapter VIII – Part 5, Community Residential Homes for Persons with Developmental Disabilities, adopted by the State Board of Health on April 15, 2009.   NOTE:  Items in parentheses preceding the amendments are notes/instructions for the Secretary of State/CCR Publisher and are not part of the Rules.
(Par ID 852840: Replace “Chapter VIII – Part 5. . .” with revised title as follows) 
CHAPTER VIII – Subchapter 5  COMMUNITY RESIDENTIAL HOMES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES

(Par ID 852844: replace “1 Definition” with plural as follows)
1 DEFINITIONS

(After section 1.1, Par ID 852846, insert the following:
1.2	Plan review – means the review by the Department, or its designee, of new construction, previously unlicensed space, or remodeling to ensure compliance by the facility with the National Fire Protection Association (NFPA) Life Safety Code and with this Chapter VIII, Subchapter 5.  Plan review consists of the analysis of construction plans and onsite inspections, where warranted.  For the purposes of the National Fire Protection Association requirements, the Department is the authority having jurisdiction for state licensure.  
1.3	Structural element – for the purposes of plan review, means an element relating to load bearing or to the scheme (layout) of a building as opposed to a screening or ornamental element.  Structural elements of a building include but are not limited to:  floor joists, rafters, wall and partition studs, supporting columns and foundations.

(Par ID 852867-852874 - Strike existing section 4.1 in its entirety and replace with the following)  
4.1	FIRE SAFETY
4.1.1	Compliance with the Life Safety Code.  Facilities shall be compliant with the National Fire Protection Association (NFPA) 101, Life Safety Code (2000), which is hereby incorporated by reference.  Such incorporation by reference, as provided for in 6 CCR 1011-1, Chapter II, excludes later amendments to or editions of referenced material. 
(1)	Facilities licensed before July 1, 2009 shall meet Chapter 33, Existing Residential Board and Care Occupancies, NFPA 101 (2000).  
(2)	Facilities licensed on or after July 1, 2009 shall meet Chapter 32, New Residential Board and Care Occupancies, NFPA 101 (2000).  Also, additions or remodeling of more than 25 percent of the habitable floor space shall meet Chapter 32, NFPA 101 (2000).  
(3)	Notwithstanding NFPA 101, Life Safety Code provisions to the contrary:
(a)	when differing fire safety standards are imposed by federal, state or local jurisdictions, the most stringent standard shall apply.
(b)	any story containing an exterior door or an exterior window that opens to grade level shall be counted as a story.
(c)	licensed facilities shall be separated from unlicensed contiguous occupancies by an occupancy separation with a fire resistance rating of not less than two hours.
4.1.2	Plan Review and Plan Review Fees.  Plan review and plan review fees are required as listed below.  If the facility has been approved by the Department to use more than one building for the direct care of residents on its campus, each building is subject to the applicable base fee plus square footage costs.  Fees are nonrefundable and shall be submitted prior to the Department initiating a plan review for a facility.  
(1)	Initial Licensure, Additions, Relocations 
(a)	Plan review is applicable to the following, and includes new facility construction and new occupancy of existing structures:  
(i)	applications for an initial license, when such initial license is not a change of ownership and the application is submitted on or after July 1, 2009.  
(ii)	additions of previously uninspected or unlicensed square footage to an existing occupancy and the building permit for such addition is issued on or after July 1, 2009 or if no permit is required by the local jurisdiction, construction began on or after July 1, 2009. 
(iii)	relocations of a currently licensed facility in whole or in part to another physical plant, where the occupancy date occurs on or after July 1, 2009.
(b)	Initial licensure, addition, and relocation plan review fees:  base fee of $2,300, plus square footage costs as shown in the table below. 
Square Footage	Cost per Square Foot	Explanatory Note	
0-25,000 sq ft	$0.10	This is the cost for the first 25,000 sq ft of any plan submitted.	
25,001+ sq ft	$0.01	This cost is applicable to the additional square footage over 25,000 sq ft.	
(2)	Remodeling  
(a)	Plan review is applicable to remodeling for which the application for the building permit from the local authority having jurisdiction is dated on or after July 1, 2009, or if no permit is required by the local jurisdiction, construction began on or after July 1, 2009.  Remodeling includes, but is not limited to:
(i)	Alteration, in patient sleeping areas, of structural elements subject to Life Safety Code standards, such as egress door widths and smoke or fire resisting walls.
(ii)	Relocation, removal or installation of walls that results in alteration of 25% or more of the existing habitable square footage or 50% or more of a smoke compartment. 
(iii)	Conversion of existing space to resident sleeping areas.  
(iv)	Alteration of a structural element, relocation, or addition of an egress component.  Examples of egress components include, but are not limited to, corridors, stairwells, exit enclosures, and points of refuge. 
(v)	Installation of any new sprinkler systems or the addition, removal or relocation of 20 or more sprinkler heads. 
(vi)	Installation of any new fire alarm system, or addition, removal or relocation of 20 or more fire alarm system appliances including, but not limited to, pull stations, detectors and notification devices. 
(vii)	Installation, removal or renovation of any kitchen hood suppression system.
(viii)	Essential electrical system:  replacement or addition of a generator or transfer switch.  However, replacement of either the generator or transfer switch with one having the same exact performance specifications is considered maintenance and not subject to plan review.
(ix)	Alteration of an existing area of the facility into a resident services area that restricts resident egress through the use of locking devices.  In addition to construction plans, the following information shall also be submitted:  
(A)	cut sheets and sequence operations for locking devices for egress and egress access doors.
(B)	location of locked egress and egress access doors.
(C)	if applicable, how the fencing or other enclosure around the secured outdoor area designed to prevent elopement will be installed such that it protects the safety and security of the residents.
(b)	Remodeling plan review fees:  base fee of $1,800, plus square footage costs as shown in the table below.
Square Footage	Cost per Square Foot	Explanatory Note	
0-20,000 sq ft	$0.08	This is the cost for the first 20,000 sq ft of any plan submitted.	
20,001+ sq ft	$0.01	This cost is applicable to the additional square footage over 20,000 sq ft.	
(3)	The “Guidelines for Design and Construction of Health Care Facilities” (2006 Edition), American Institute of Architects (AIA), may be used by the Department in resolving health, building, and life safety issues for construction initiated or systems installed on or after July 1, 2009.  The AIA Guidelines are hereby incorporated by reference.  Such incorporation by reference, as provided for in 6 CCR 1011-1, Chapter II, excludes later amendments to or editions of referenced material.