La. Admin. Code tit. 48 § I-8609

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-8609 - Physical Plant

A. Accessibility. An ICF/DD's building, parking lots and facilities shall be accessible to and functional for individuals, staff members and the public, as required by applicable federal and state laws and regulations to include individuals with limited mobility and assistive devices.

B. New Construction or Renovation of Existing Facilities

1. Before beginning renovations or new construction, Health Standards Section must be notified. Plans and specifications must be prepared by a licensed architect or engineer and must be submitted for approval to the Office of State Fire Marshal and any other office/entity designated by the department to review and approve the facility's architectural plans, if the facility must go through plan review, and the Office of Public Health.

2. Health Standards Section, the Office of Public Health, and the Office of State Fire Marshal, shall have the authority to inspect the project at any stage to insure that the approved plans and specifications are being followed. Final approval of the building must be obtained from these agencies after renovation or construction is completed and before it is occupied. A license shall be issued by Health Standards Section only after these final approvals have been obtained.

3. It shall be the responsibility of the ICF/DD to obtain any approvals from local authorities (such as zoning, building, fire, etc), that may be needed in the particular city or parish.

4. All ICF/DDs must be in conformity with the American National Standards Institute (ANSI) standards.

C. Facility Building Codes

1. These requirements shall not apply to facility construction documents approved for new construction, modification, renovation, alteration or repair of structures when:

a. approval of the construction document was acquired prior to promulgation of this rule; and

b. the actual start of construction commenced within 180 days of the construction document's approval and permitting date. The approval and permitting date shall be the date identified as the latest approval date either by the local/parish authorities or the Louisiana State Facility Planning and Control and the Office of State Fire Marshal.

2. All construction of new ICF/DD facilities, including new replacement facilities, and all construction of additions, alterations, reestablishments, refurbishments, and renovations to existing ICF/DD facilities shall comply with the following codes and standards:

a. the minimum standards as described in the Guidelines for Design and Construction of Health Care Facilities, Current Edition, published by the Facility Guidelines Institute (FGI) or any successor publication;

b. the latest editions of the Louisiana State Uniform Construction Codes currently adopted by the Louisiana Department of Public Safety, Louisiana State Uniform Construction Code Council (LSUCCC), LAC 55, Part VI, §301 as follows:

i. International Building Code (IBC);

ii. International Existing Building Code (IEBC);

iii. International Residential Code (IRC);

iv. International Mechanical Code (IMC);

v. The Louisiana Plumbing Code [Part XIV (Plumbing) of the State Sanitary Code];

vi. International Fuel Gas Code (IFGC);

vii. National Electrical Code (NEC);

viii. for all state owned licensed buildings the Louisiana Building Codes in RS 40:1722;

ix. The Advisory Base Flood Elevation (ABFE), published by FEMA; and

x. The National Fire Protection Association (NFPA) Life Safety Code NFPA 101 promulgated by the Louisiana Department of Public Safety and Corrections, Office of the State Fire Marshal.

3. As additional guidance for all construction of new ICF/DD facilities, including new replacement facilities, and all construction of additions, alterations, reestablishments, refurbishments, and renovations to existing ICF/DD facilities, the following design publications may be used, as necessary, to achieve the final product:

a. the Design and Construction Guidance for Community Shelters, published by FEMA, number 361;

b. the Design Guide for Improving Critical Facility Safety from Flooding and High Winds, published by FEMA, number 543;

c. the ICC 500-2008: ICC/NSSA Standard for the Design and Construction of Storm Shelters, published by the International Code Council and National Storm shelter Association, 2008 Edition; and

d. the American Society for Testing and Materials (ASTM), E84.

4. All existing licensed facilities which have sustained damage from an act of God shall be evaluated for re-occupancy and shall have its condition evaluated by a Louisiana registered architect or civil engineer.

a. The owner shall provide a written evaluation report to the department on the condition of the structure, signed and sealed by a licensed Louisiana architect or civil engineer, prior to any reestablishment of occupancy. The evaluation shall be in accordance with the Louisiana State Uniform Construction Codes and acceptable engineering practices and standards. A plan of action to correct any problem shall also be submitted. The report and the plan of action shall be reviewed and accepted by the department prior to proceeding with any proposed modifications. Acceptance by the department will be on a case by case basis.

5. Waivers

a. The secretary of the department may, within his sole discretion, grant waivers to building and construction guidelines. The facility must submit a waiver request in writing to the Office of the State Fire Marshall and any other office/entity designated by the department to review and approve the facility's architectural plans. The facility must demonstrate how patient safety and the quality of care offered are not compromised by the waiver. The facility must demonstrate their ability to completely fulfill all other requirements of the service. The department shall make a written determination of the request. Waivers are not transferable in an ownership change and are subject to review or revocation upon any change in circumstances related to the waiver.

b. The secretary, in exercising his discretion, shall at a minimum, require the applicant to comply with the edition of the building and construction guidelines which immediately proceed the most current edition of the Guidelines for Design and Construction of Health Care Facilities.

6. Any proposed new ICF/DD facility or any existing structure with 50 percent or greater substantial structural damage seeking to be licensed by DHH shall not be constructed or renovated in areas identified to be within the 140 mph or greater wind speed zones as established by the latest Louisiana Department of Public Works, Louisiana State Uniform Construction Code Council, Wind Speed by Parish Data. Links for wind speed data can be found on websites of the LSUCCC or the Office of the State Fire Marshall (OSFM) and any other office/entity designated by the department to review and approve the facility's architectural plans.

7. No new facility or any existing structure with substantial structural damage shall be constructed or renovated in any coastal high hazard area (CHHA) that is subject to high velocity wave action from storms or seismic sources.

8. Any new construction or any replacement structure seeking to be licensed shall comply fully with this rule.

9. No structure shall be converted to ICF/DD use unless it complies with the standards and codes set forth herein including the building systems necessary for full compliance.

10. Separate buildings acquired or constructed for essential use by the facility and included under the ICF/DD facility license, whether on the premises or off, shall comply with the applicable portions of this rule. This requirement includes modular and prefabricated buildings.

11. Any temporary use of an existing building or structure for short term emergency purposes shall be reviewed and approved on a case by case basis for an approved limited time. The temporary use of these facilities shall be approved by the Louisiana Office of Public Health; Department of Public Safety, Office of the State Fire Marshal; and this department.

12. Work must be completed within a compliance time period not to exceed three years from date of acceptance. The department may grant an extension of time to a facility to achieve compliance. A written application requesting an extension must be submitted to the department.

La. Admin. Code tit. 48, § I-8609

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 38:3210 (December 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2180-2180.5.