Current through November 28, 2024
(a) Each facility, with the exception of home
health agencies, frontier extended stay clinics, and birth centers, must comply
with the provisions of this section.
(b) Any renovation, expansion, or new
construction must comply with
(1) the
requirements of
Guidelines for Design and Construction of Hospital and
Health Care Facilities, American Institute of Architects, 2001
edition, adopted by reference, that are applicable to the particular facility
and services provided, as follows:
(A) secs.
1 - 6 apply to all facilities;
(B)
sec. 7 applies to the general acute care hospitals, rural primary care
hospitals, and critical access hospitals;
(C) sec. 10 applies to rehabilitation
hospitals;
(D) sec. 8 applies to
intermediate care facilities for the mentally retarded and to nursing
facilities;
(E) sec. 9 applies to
ambulatory surgical facilities;
(F)
secs. 7.1; 7.2, except 7.2.B15 and 7.2.C; 7.6; 7.17 - 7.19; 7.21; 7.22; 7.25 -
7.30, except 7.28.A; 8.3; and Table 2 apply to substance abuse hospitals;
and
(G) sec. 11 applies to
psychiatric hospitals.
(2)7 AAC
09.010 -
7
AAC 09.170;
(3)AS
18.60.580-18.60.660;
(4)AS
18.60.705-18.60.740;
(5) the
International Building
Code, as adopted by reference in, and revised under,
13 AAC 50.020; and
(6) the
International Mechanical
Code, as adopted by reference in, and revised under,
13 AAC 50.023.
(c) A facility must comply with
municipal fire safety regulations, with 13 AAC 50 - 13 AAC 55, and with
applicable National Fire Protection Association (NFPA) standards, including the
following, which are adopted by reference:
(1)
NFPA 13: Standard for the Installation of Sprinkler Systems,
2002 edition;
(2)
NFPA 25:
Standard for the Inspection, Testing and Maintenance of Water-Based Fire
Protection Systems, 2002 edition;
(3)
NFPA 10: Standard for Portable
Fire Extinguishers, 2002 edition;
(4)
NFPA 99: Standard for Health Care
Facilities, 2005 edition;
(5)
NFPA 101: Life Safety
Code, 2000 edition; if a waiver has been issued for a requirement of
NFPA 101 under 42 C.F.R.
482.41 for a hospital, under
42 C.F.R.
485.623 for a critical access hospital, under
42 C.F.R.
483.70 for a nursing home, under
42 C.F.R.
483.470 for an intermediate care facility for
the mentally retarded, or under
42 C.F.R.
416.44 for an ambulatory surgical center, the
waiver will be considered a waiver of that requirement for purposes of this
subsection.
(d) A
facility must specify in written procedures the maximum allowable water
temperature at an outlet for patient bathing, showering, and washing, not to
exceed requirements specified in (b)(1) of this section. The facility must have
the capability to reduce water temperatures, and must specify in written
procedures the safety factor expressed in minutes required to reduce water
temperature for particular patient sensitivity due to illness or
medication.
(e) Bed capacity will
be determined as follows:
(1) available bed
space in determining bed capacity for licensure includes
(A) bed space in all nursing units, including
intensive care units and minimal or self care units;
(C) pediatrics units, including pediatrics
bassinets and incubators located in the pediatrics department;
(D) observation units equipped and staffed
for overnight use;
(E) space
designed for, and that contains adequate space and equipment as described in
(F) of this paragraph for, inpatient bed care, even if currently closed or
assigned to easily convertible, non-patient uses, offices, or classrooms;
and
(F) space in areas which have
the necessary fixed equipment adequate for patient care, including oxygen,
suction, a lavatory with fixtures, and a patient closet, and which are
accessible to a nurses' station which is exclusively staffed for inpatient bed
care, even if originally designed for other purposes;
(2) space which will not be counted in
determining bed capacity includes
(A)
nurseries for newborn in the maternity department;
(E) preparation or anesthesia induction
rooms;
(F) rooms used for
diagnostic or treatment procedures;
(G) hospital staff bed areas, including
accommodations for on-call staff;
(I) solaria, waiting rooms, and similar areas
which are not permanently set aside, equipped, and staffed exclusively for
inpatient bed care; and
(J)
unfinished space, which does not include an area which is finished except for
movable equipment.
(f) Bed space under construction on or after
November 19, 1983 must contain,
(1) for each
patient, fixed available oxygen, suction, a bedlight, and a closet;
(2) for every two patients, a lavatory with
fixtures and adjacent toilet; and
(3) for each bed in a multiple-bed room,
cubicle curtain tracks.
(g) Facilities in existence before January 1,
1995, will be allowed a variance of 10 square feet from the standards for
square footage of patient rooms required by Guidelines for Design and
Construction of Hospital and Health Care Facilities,adopted by
reference in (b)(1) of this section.
(h) Except as provided in
7
AAC 12.150(h), the department may
waive compliance with, or grant a variance from, a requirement in this section
if the commissioner determines that an equivalent alternative is provided and
the safety and well-being of patients is assured. If a facility wishes to
obtain a waiver or variance, its governing body must apply in writing to the
commissioner and must include in the application
(1) the justification for the
waiver;
(2) an explanation of the
reasons why the particular requirement cannot be satisfied;
(3) a description of the equivalent
alternative proposed; and
(4) if
the application for waiver involves fire safety or other municipal or state
requirements, evidence that it has been reviewed by the appropriate municipal
or state authorities.
A copy of Guidelines for Design and Construction of
Hospital and Health Care Facilities, adopted by reference in 7 AAC 12.900(b)
(1), may be obtained from the American Institute of Architects Press, 1735 New
York Avenue, Washington, D.C. 20006. To order a prepaid copy, call (202)
626-7541 or (800) 242-3837, press 4. For an order using a purchase order or
that must be billed, call (800) 365-2724.
The International Building Code and the International
Mechanical Code referred to in 7 AAC 12.900(b) (5) and (b)(6), respectively,
may be obtained from the International Conference of Building Officials, 5360
Workman Mill Rd., Whittier, California 90601-2298; telephone: (800) 284-4406;
(562) 699-0541.
The National Fire Protection Association (NFPA) standards
adopted by reference in 7 AAC 12.900(c) may be obtained from the National Fire
Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471;
telephone: (800) 344-3555.
Authority:AS
47.32.010
AS
47.32.030
