SECTION 310:4-1-11. Effectiveness of issued Certificates of Need

  No Certificate of Need shall be issued to any person other than the person making application for same. No Certificate of Need may be transferred in whole or part to another person. Any transfer of a Certificate of Need renders the certificate invalid.

(1)   The review process for plan review is as follows and shall not exceed a total time of twelve (12) months from preliminary or initial plan submittal to include approval by the Department. A plan submittal which does not satisfy requirements for approval within twelve (12) months shall render the certificate of need void.

(A)   Preliminary plans and outline specifications shall be submitted to the Department within six (6) months after approval of a Certificate of Need. The plans and specifications shall include sufficient information to establish the following: scope of project; project location; required fire-safety and exiting criteria; building-construction type, compartmentation showing fire and smoke barriers, bed count and services; the assignment of all spaces, areas, and rooms for each floor level, including the basement.

(B)   A proposed construction document shall be submitted that includes final drawings and specifications adequate for proposed contract purposes. All final plans and specifications shall be appropriately sealed and signed by an architect registered by the State of Oklahoma. All construction modifications of approved documents are subject to review and approval, and shall be submitted timely.

(C)   All construction project submittals shall be reviewed and approved or disapproved within 30 calendar days after receipt by the Department.

(2)   Commencement of construction for a new or relocated facility, or for an addition to an existing facility, shall be evidenced by the following:

(A)   a building permit, if one is required by local government;

(B)   proof of excavations for foundations, footings or pilings; and

(C)   proof of an incurred financial obligation in the form of an invoice for the excavation work, dated not later than the required construction start date.

(3)   For a new or relocated facility, the Department shall visit the new or relocated facility site. The applicant shall agree to be present or represented at the site at the time of the visit.

(4)   For a construction project which does not involve the addition of space, the start of construction shall be demonstrated with a building permit, if one is required locally, and an invoice for construction work done at the facility.

(5)   Completion of a facility structure or modification shall include at least the completion of exterior walls, all interior load-bearing members, and the facility roof. The Department shall visit the facility site within fifteen (15) working days after receiving a written request from the applicant to confirm the completion of the structure.

[Source: Amended at 14 Ok Reg 2247, eff 6-12-97; Amended at 19 Ok Reg 2042, eff 6-27-02; Amended at 20 Ok Reg 2352, eff 7-11-03]