SECTION 310:661-8-1. General

(a)   These requirements are intended as minimum standards for constructing and equipping a hospice inpatient facility of twelve beds (12) beds or less. Inpatient hospice facilities containing three (3) beds or less shall only be required to comply with the physical plant requirements contained in Section 310:661-8-14 of this subchapter. Insofar as practical, these rules relate to desired performance or results or both. Details of construction and engineering are assumed to be part of good design practice and local building regulations. Design and construction shall conform to the requirements of these rules. Requirements set forth in these rules shall be considered as minimum. For aspects of design and construction not included, local governing building codes shall apply. Where there is no local governing building code, the prevailing model code used within the geographic area is hereby specified for all requirements not otherwise specified in these rules.

(b)   These rules are not intended to restrict innovations and improvements in design or construction techniques. Accordingly, the Department may approve plans and specifications which contain deviations if it is determined that the respective intent or objective has been met.

(c)   All facilities shall comply, insofar as practical, with applicable sections of these standards and with appropriate parts of NFPA 101, 2000 edition, covering Health Care Occupancies which is incorporated by reference. Where major structural elements make total compliance impractical or impossible, exceptions may be considered by the Department. This does not guarantee that an exception shall be granted, but does attempt to minimize restrictions on those improvements where total compliance would not substantially improve safety, but would create an unreasonable hardship. This subchapter shall not be construed as prohibiting a single phase of improvement. However, they are not intended as an encouragement to ignore deficiencies when resources are available to correct life-threatening problems.

(1)   When construction is complete, the facility shall satisfy functional requirements for a hospice inpatient facility in an environment that shall provide acceptable care and safety to all occupants.

(2)   In renovation projects and those making additions to existing facilities, only that portion of the total facility affected by the project shall comply with applicable sections of these standards and with appropriate parts of NFPA 101, 2000 edition, covering New Health Care Occupancies.

(3)   Those existing portions of the facility which are not included in the renovation but which are essential to the functioning of the complete facility, as well as existing building areas that receive less than substantial amounts of new work shall, at a minimum, comply with that section of NFPA 101, 2000 edition, for Existing Health Care Occupancies.

(4)   Conversion to other appropriate use or replacement shall be considered when cost prohibits compliance with acceptable standards.

(5)   When a building is converted from one occupancy to another, it shall comply with the new occupancy requirements. For purpose of life safety, a conversion from a hospital or nursing facility to a hospice inpatient facility or vice versa is not considered a change in occupancy.

(6)   When parts of an existing facility essential to continued overall facility operation cannot comply with particular standards, those standards may be waived by the Commissioner of Health if patient care and safety are not jeopardized.

(7)   Renovations, including new additions, shall not diminish the safety level that existed prior to the start of the work; however, excess of that required for new facilities is not required.

(d)   Design standards for the disabled. The Americans with Disabilities Act (ADA) extends comprehensive civil rights protection to individuals with disabilities. The "Uniform Federal Accessibility Standards" (UFAS) also provides criteria for the disabled. Also available for use in providing quality design for the disabled is the International Codes Council (ICC)/American National Standards Institute (ANSI) A117.1 "American National Standard for Accessible and Usable Buildings and Facilities." (ICC/ANSI A117.1)

(1)   State and local standards for accessibility and usability may be more stringent than ADA, UFAS, or ICC/ANSI A117.1. Designers and owners, therefore, shall assume responsibility for verification of all applicable requirements and comply with the most stringent standards.

(e)   Nonconforming conditions. It is not always financially feasible to renovate the entire existing structure in accordance with these standards. In such cases, the Department may grant approval to renovate portions of the structure if facility operation and patient safety in the renovated areas are not jeopardized by the existing features of facility sections retained without complete corrective measures. In major modernization projects and additions to existing facilities, those unrenovated areas that do not comply with NFPA 101 requirements for existing buildings shall be separated from sections to be modernized by fire barriers rated not less than two (2) hour fire resistance and by labeled fire doors of class "B" one and one half (1-1/2) hour construction.

[Source: Added at 21 Ok Reg 1303, eff 5-27-04]