10A ncac 13B .3102      PLAN APPROVAL

(a)  For the purposes of this Rule, the Guidelines for the Design and Construction of Hospitals and Outpatient Facilities that is incorporated by reference in Rule .6105 of this Subchapter shall be referred to as the "FGI Guidelines."

(b)  The definitions as set forth in Rule .6003 of this Subchapter shall apply to this Rule.

(c)  The facility design and construction shall be in accordance with this Rule and the standards set forth in Sections .6000 through .6200 of this Subchapter.

(d)  The site where the facility is located shall:

(1)           be approved by the Construction Section prior to the construction of a new facility or the construction of an addition to an existing facility;

(2)           be free from noise from railroads, freight yards, main traffic arteries, and schools and children's playgrounds; and

(3)           not be exposed to smoke, odors, or dust from industrial plants.

(e)  Prior to the construction of a new facility or the construction of an addition or alteration to an existing facility, the governing body shall submit paper copies of the following to the Construction Section for review and approval:

(1)           one set of schematic design drawings;

(2)           one set of design development drawings; and

(3)           one set of construction documents and specifications.

(f)  If the North Carolina State Building Code Administrative Code and Policies requires the North Carolina Department of Insurance to review and approve the construction documents and specifications, the governing body shall submit a copy of the construction documents and specifications to the North Carolina Department of Insurance.

(g)  The governing body shall submit a functional program that complies with Section 1.2-2 Functional Program of the FGI Guidelines with each submittal cited in Paragraph (e) of this Rule.

(h)  The governing body shall:

(1)           prepare any component of the safety risk assessment required by Section 1.2-3 Safety Risk Assessment of the FGI Guidelines; and

(2)           submit any component of the safety risk assessment prepared to the Construction Section with each submittal cited in Paragraph (e) of this Rule.

(i)  In order to maintain compliance with the standards established in this Rule and Sections .6000 through .6200 of this Subchapter, the governing body shall obtain written approval from the Construction Section for any changes made during the construction of the facility in the same manner as set forth in Paragraph (e) of this Rule.

(j)  Two weeks prior to the anticipated construction completion date, the governing body shall notify the Construction Section of the anticipated construction completion date in writing either by U.S. Mail at the Division of Health Service Regulation, Construction Section, 2705 Mail Service Center, Raleigh, NC, 27699-2705 or by e-mail at DHSR.Construction.Admin@dhhs.nc.gov.

(k)  Construction documents and building construction, including the operation of all building systems, shall be approved in writing by the Construction Section prior to licensure or patient occupancy.

(l)  When the Construction Section approves the construction documents and specifications, they shall provide the governing body with an approval letter. The Construction Section's approval of the construction documents and specifications shall expire 12 months after the issuance of the approval letter, unless the governing body has obtained a building permit for construction. If the Construction Section's approval has expired, the governing body may obtain a renewed approval of the construction documents and specifications from the Construction Section as follows:

(1)           If the standards established in this Rule and Sections .6000 through .6200 of this Subchapter have not changed, the governing body shall request a renewed approval of the construction documents and specifications from the Construction Section.

(2)           If the standards established in this Rule and Sections .6000 through .6200 of this Subchapter have changed, the governing body shall:

(A)          submit revised construction documents and specifications meeting the current standards established in this Rule and Sections .6000 through .6200 of this Subchapter to the Construction Section; and

(B)          obtain written approval of the revised construction documents and specifications from the Construction Section.

(m)  Bassinets in a Neonatal Level I nursery as specified in Rule .6228 of this Subchapter shall not be included in a facility's bed capacity; however, no more bassinets shall be placed in service than the number allowed by the requirements set forth in Rule .6228 of this Subchapter. Beds in Neonatal Level II, III, and IV nurseries as specified in Rule .6228 of this Subchapter shall be included in a facility's bed capacity.

History Note:        Authority G.S. 131E-77; 131E-79;

Eff. January 1, 1996;

Temporary Amendment Eff. March 15, 2002;

Amended Eff. April 1, 2003;

Readopted Eff. April 1, 2019.