10A NCAC 13B .6103      APPLICATION OF PHYSICAL PLANT REQUIREMENTS

The physical plant requirements for each facility shall be applied as follows:

(1)           New construction shall comply with the requirements of Section .6000 of this Subchapter;

(2)           Existing buildings shall meet licensure and code requirements in effect at the time of construction, alteration, or modification;

(3)           New additions, alterations, modifications, and repairs shall meet the technical requirements of Section .6000 of this Subchapter, however, where strict conformance with current requirements would be impractical, the authority having jurisdiction may approve alternative measures where the facility can demonstrate to the Division's satisfaction that the alternative measures do not reduce the safety or operating effectiveness of the facility;

(4)           Rules contained in Section .6000 of this Subchapter are minimum requirements and not intended to prohibit buildings, systems or operational conditions that exceed minimum requirements;

(5)           Equivalency: Alternate methods, procedures, design criteria, and functional variations from the physical plant requirements, because of extraordinary circumstances, new programs, or unusual conditions, may be approved by the authority having jurisdiction when the facility can effectively demonstrate to the Division's satisfaction, that the intent of the physical plant requirements are met and that the variation does not reduce the safety or operational effectiveness of the facility; and

(6)           Where rules, codes, or standards have any conflict, the most stringent requirement shall apply.

 

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

Eff. January 1, 1996.