California Code of Regulations
Title 22 - Social Security
Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies
Chapter 9 - Psychiatric Health Facilities
Article 2 - Licensing and Inspection
Section 77039 - Safety, Zoning and Building Clearance

Universal Citation: 22 CA Code of Regs 77039

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A license shall not be issued to any psychiatric health facility which does not conform to the State Fire Marshal's requirement for fire and life safety, the State requirements for environmental impact, and local fire safety, zoning and building ordinances. The following evidence of such compliance shall be presented in writing to the Department:

(1) The facility must obtain a fire clearance consistent with State Fire Marshal standards for psychiatric health facilities.

(2) The evidence of compliance must contain approval for the facility to use restraint and seclusion as required in Section 77101(a) and (b).

(b) It shall be the responsibility of the licensee to maintain the psychiatric health facility in a safe structural condition. If the Department determines that an evaluation of the structural condition of a psychiatric health facility building is necessary, the licensee may be required to submit a report by a licensed structural engineer which shall establish a basis for eliminating or correcting the structural conditions which are found to be hazardous to occupants.

(c) Hot water temperature controls shall be maintained to automatically regulate the temperature of hot water delivered to plumbing fixtures used by patients in compliance with Sections 611.0-611.9, Part 5, Title 24, California Code of Regulations.

1. New section filed 4-15-87, operative 5-15-87 (Register 87, No. 16).
2. Amendment of subsection (a), new subsections (a)(1), (a)(2) and (c) and amendment of NOTE filed 5-7-99; operative 6-6-99 (Register 99, No. 19).

Note: Authority cited: Sections 1254 and 1275, Health and Safety Code. Reference: Sections 1253, 1265, 1275.1 and 1276, Health and Safety Code.

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