West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-75 - Residential Care Communities › Section 64-75-11 - Physical Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Applicability; Construction; Additions; Renovations; Alterations; Other
				Standards.
11.1.a. The provisions of this
				Section apply to physical facilities, operations, maintenance and equipment for
				all residential care communities, renovations or additions. (Class I)
11.1.b. A complete set of drawings and
				specifications for the architectural, structural, and mechanical work shall be
				submitted to and approved by the secretary before construction begins. This
				requirement applies to new construction, additions, renovations, or alterations
				to existing residential care communities. (Class I)
11.1.c. The submitted set of construction
				documents (drawings and specifications) shall be prepared, signed and sealed by
				an individual registered to practice architecture in the State of West
				Virginia. The residential care community shall submit one (1) set of these
				documents to the State Fire Marshal for review. The new residential care
				community or addition shall be inspected during the construction phase by a
				registered professional architect, preferably the designing architect. (Class
				I)
11.1.d. During the construction
				phase an as built set of drawings shall be kept by the general contractor on
				which all changes (from all trades) to the project are noted. Each change shall
				be noted in red and dated. The architect shall present this as built set of
				drawings to the owner when the project is completed. (Class I)
11.1.e. All construction, new additions,
				renovations or alterations shall be inspected and approved by the secretary
				prior to admitting new or additional residents. When construction is
				substantially complete, the architect shall submit to the secretary a
				substantial completion form signed by all the parties involved and a completed
				inspection request form. (Class I)
11.1.f. Unless substantial construction is
				started within one (1) year of the date of approval of final drawings, the
				owner or architect shall secure written notification from the secretary that
				the plan approval for construction is still valid and in compliance with this
				rule. (Class I)
11.1.g. Plans for
				addition, removal or modification of equipment which is permanently affixed to
				the building or which may otherwise involve or necessitate new construction,
				alterations, or additions to the residential care community shall be submitted
				to and approved by the secretary. (Class I)
11.1.h. Other changes involving equipment,
				which may or may not require physical changes in the residential care
				community, but which may relate to other standards and requirements of this
				rule may require the secretary's approval. Residential care communities may
				request approval in advance from the secretary regarding a particular change or
				rearrangement. Areas in which changes are likely to require approval include,
				but are not limited to, the kitchen, the laundry, and heating equipment. (Class
				I)
11.1.i. All fees specified in
				the division of health rule AFees for Services,@ 64CSR51, for site inspections
				of new construction or major renovations, architect reviews of drawings and
				specifications, and inspections of new projects prior to openings are the
				responsibility of the licensee. (Class III)
11.1.j. A licensee shall obtain approval from
				the secretary of the licensee's plan of operation, and the secretary shall
				determine the apartment/resident capacity. An increase in capacity can occur
				only with permission of the secretary. (Class II)
11.1.k. The Americans with Disabilities Act
				(ADA) and the American National Standards Institute (ANSI) codes shall be
				followed when they apply. (Class II)
11.1.l. The residential care community shall
				comply with the state fire commission's rule AState Building Code,@
				87CSR4.[6] (Class I)
11.1.m. Where local codes or regulations
				require standards higher than those required by this rule, local building codes
				and zoning restrictions shall be observed. (Class I)
11.1.n. Evidence of compliance signed by
				local fire, building and zoning officials shall be available on-site for
				review. (Class I)