West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-9 - Physical Facilities, Equipment, and Site Information

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Applicability; Construction; Additions;
				Renovations; Other Standards.
9.1.1. If the
				director determines that changes necessary for compliance with this section of
				this rule would create an undue hardship for a nursing home in existence at the
				time this rule becomes effective, the nursing home may be governed by rules
				which were in effect prior to the effective date of this rule.
9.1.2. The standards for construction,
				renovations, and alterations are the relevant sections of the latest edition of
				"The Guidelines for Design and Construction of Hospitals and Health Care
				Facilities," according to Facilities Guidelines Institute (FGI) and published
				by the American Society for Healthcare Engineering (ASHE) with assistance from
				the U.S. Department of Health and Human Services which can be located at
www.hhs.gov
.
9.1.3. A nursing home shall comply with the
				most current edition of the National Fire Protection Association (NFPA) of
				"NFPA 99 Standards for Health Care Facilities" as adopted by the Centers for
				Medicare and Medicaid Services (CMS).
9.1.4. A nursing home shall comply with the
				current edition of the state building code as adopted by the State Fire
				Marshal.
9.1.5. A nursing home
				shall comply with all applicable provisions of the Americans with Disabilities
				Act (ADA).
9.1.6. A nursing home
				shall submit a complete set of architectural, structural, and mechanical
				drawings, drawn to scale not less than one-eighth inch equals one foot, and
				shall be approved by the director before construction begins. This requirement
				applies to new construction, additions, renovations, or alterations to existing
				nursing homes.
9.1.7. The submitted
				drawings and specifications shall be prepared, signed, and sealed by a person
				registered to practice architecture in the state of West Virginia. The project
				shall be inspected during the construction phase by a registered professional
				architect or his or her representative.
9.1.8. The requirement for a registered
				architect may be waived by the director depending on the scope of the
				project.
9.1.9. A nursing home
				shall submit complete architectural drawings and specifications for any
				alterations, renovations, and equipment modifications or additions which may
				necessitate changes to the nursing home floor plan, impact on safety, or
				require the services of a design professional, and shall be approved by the
				director prior to beginning any construction.
9.1.10. Minor renovations that do not alter
				floor plans, impact on safety or require the services of a design professional
				may not require approval of the director.
9.1.11. A performance statement shall be
				obtained by the owner from the building and design professional of a proposed
				nursing home stating that in constructing the nursing home the builder has
				followed the plans which are on file with and approved by the
				director.
9.1.12. All new
				facilities, additions, and alterations shall be inspected by the director and
				shall have the director's approval in writing prior to admitting residents. A
				nursing home shall request in writing a pre-opening inspection no less than 30
				days prior to the proposed opening date.
9.1.13. All fees specified in the Department
				of Health and Human Resources' Legislative Rule, Fees for Services, W. Va. Code
				R. §§ 64-51-1,
et seq.,
for site inspections of new
				construction or major renovations, architectural review of drawings and
				specifications, and inspections of new projects prior to opening are the
				responsibility of the nursing home or design professional.
9.1.14. Unless substantial construction is
				started within one year of the date of approval of final drawings, the owner or
				architect shall secure written notification from the director that the plan
				approval for construction is still valid and in compliance with this
				rule.