10A NCAC 70I .0902         DESIGN AND CONSTRUCTION

(a)  Any building licensed for the first time as a residential child-care facility shall meet the applicable requirements of the North Carolina State Building Code.  All new construction, additions and renovations to existing buildings shall meet the occupancy requirements of the North Carolina State Building Code as determined by the Division of Health Service Regulation based on the number and age of the licensed children residents and any other dependents of the live-in staff. The North Carolina State Building Code, which is incorporated by reference, including all subsequent amendments can be purchased for one hundred six dollars and twenty-five cents ($106.25) at the following web site: (http://www.ncdoi.com/OSFM/Engineering/CodeServices/engineering_codeservices_sales.asp) or calling 919-681-6550.

(b)  Mobile homes, whether mobile or permanently situated, shall not be used for residential child-care facilities.

(c)  Each facility shall be planned, constructed, equipped and maintained to provide the services offered in the facility.

(d)  Any existing building converted from another use to a residential child-care facility shall meet all the requirements of a new facility.

(e)  Any existing licensed residential child-care facility when the license is terminated for more than 60 days shall meet all requirements of a new facility prior to being relicensed.

(f)  Any existing licensed residential child-care facility that is closed or vacant for more than one year shall meet all requirements of a new facility prior to being relicensed.

(g)  Any existing licensed residential child-care facility that plans to have new construction, remodeling or physical changes done to the facility shall have drawings submitted by the owner or his appointed representative to the Division of Health Service Regulation, Construction Section for review and approval prior to commencement of the work.

(h)  The applicant for a resident child-care facility shall consult the local code enforcement official for information on required permits and building code requirements before starting any construction or renovations.

(i)  If the building is two stories in height and is classified as a Residential Occupancy, it shall meet the following requirements:

(1)           Children less than six years old shall not be housed on any floor other than the level of exit discharge with adult supervision.

(2)           A complete fire alarm system with pull stations on each floor and sounding devices which are audible throughout the building shall be provided.  The fire alarm system shall be able to transmit an automatic signal to the local emergency fire department dispatch center, either directly or through a central station monitoring company connection.

(j)  The basement and the attic shall not to be used for storage or sleeping.

(k)  The ceiling shall be at least seven and one-half feet from the floor.

(l)  All windows shall be maintained operable.

(m)  The sanitation, water supply, sewage disposal and dietary facilities shall comply with the rules of the North Carolina Commission for Public Health, which are incorporated by reference, including all subsequent amendments.  The "Rules Governing the Sanitation of Hospitals, Nursing Homes, Adult Care Homes and Other Institutions", 15A NCAC 18A .1300 and the "Rules Governing Sanitation of Residential Care Facilities" 15A NCAC 18A .1600 are available for inspection at the Department of Environment and Natural Resources, Division of Environmental Health, 2728 Capital Boulevard, Raleigh, North Carolina.  Copies may be obtained from Environmental Health Services Section, 1632 Mail Service Center, Raleigh, North Carolina 27699-1632 at no cost.

(n)  The residential child-care facility shall request and obtain current inspections from the local sanitarian and the local fire inspector.  Reports of such inspections shall be maintained in the facility and available for review and shall be submitted to the licensing authority with the licensure renewal application.

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.