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

(1)           All newly licensed facilities shall comply with the requirements of Section .1400;

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

(3)           New additions, alterations, modifications, and repairs of existing licensed facilities shall meet the technical requirements of Section .1400, however, where strict conformance with current requirements would be impractical, the authority having jurisdiction shall 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 .1400 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, shall 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‑149;

Eff. April 1, 2003.