D. Plan Review. A
complete online submittal of plans and specifications to the Office of the
State Fire Marshal (OSFM) shall be made in accordance with the procedures
established by that office. A letter shall accompany the plans to explain the
scope of work. The letter shall include the types of services offered, ADHC
center participant capacity, geographic location, special features, or specific
requirements for the patient population served (e.g. age range, acuity level),
and whether it is a relocation, renovation, and/or new construction. A copy of
this letter is to be sent to the ADHC Program Desk Manager, with the applicable
ADHC application packet.
1. Submission of
Plans
a. New Construction. All new
construction shall be done in accordance with the specific requirements of the
OSFM and the Office of Public Health (OPH). The requirements cover new
construction in ADHCs, including submission of preliminary plans and the final
work drawings and specifications to each of these agencies. Plan review shall
be performed in accordance with the rules and regulations established by the
OSFM. Plans and specifications shall be prepared by or under the direction of a
licensed architect and/or a qualified licensed engineer and shall include
scaled architectural plans stamped by an architect.
b. Adult Day Health Care. No ADHC shall
hereafter be licensed without the prior written approval of, and unless in
accordance with plans and specifications approved in advance by the OSFM. This
includes new construction, additions, renovations, or any change in service or
the establishment of an ADHC in any healthcare facility or former healthcare
facility.
2. Approval of
Plans
a. Notice of satisfactory review from
the OSFM constitutes compliance with this requirement if construction begins
within 180 days of the date of such notice. This approval shall in no way
permit and/or authorize any omission or deviation from the requirements of any
restrictions, laws, ordinances, codes, or rules of any responsible
agency.
b. In the event that
submitted materials do not appear to satisfactorily comply with the Louisiana
State Uniform Construction Code Council (LSUCCC), the OSFM shall notify the
party submitting the plans in writing, listing the particular items in
question, and request further explanation and/or confirmation of necessary
modifications.
3. Waivers
a. The secretary of the department may,
within his/her sole discretion, grant waivers to building and construction
guidelines or requirements and to provisions of the licensing rules involving
the clinical operation of the ADHC. The facility shall submit a waiver request
in writing to the licensing section of the department on forms prescribed by
the department.
b. In the waiver
request, the facility shall demonstrate the following:
i. how client health, safety, and welfare
will not be compromised if such waiver is granted;
ii. how the quality of care offered will not
be compromised if such waiver is granted; and
iii. the ability of the facility to
completely fulfill all other requirements of the service or condition or
regulation.
c. The
licensing section of the department shall have each waiver request reviewed by
an internal waiver review committee. In conducting such internal waiver review,
the following shall apply:
i. the waiver
review committee may consult subject matter experts as necessary, including the
OSFM; and
ii. the waiver review
committee may require the facility to submit risk assessments or other
documentation to the department.
d. The director of the licensing section of
the department shall submit the waiver review committee's recommendation on
each waiver to the secretary, or the secretary's designee, for final
determination.
e. The department
shall issue a written decision of the waiver request to the facility. The
granting of any waiver may be for a specific length of time.
f. The written decision of the waiver request
is final. There is no right to an appeal of the decision of the waiver
request.
g. If any waiver is
granted, it is not transferrable in an ownership change or change of
location.
h. Waivers are subject to
review and revocation upon any change of circumstance related to the waiver or
upon a finding that the health, safety, or welfare of a patient may be
compromised.
i. Any waivers granted
by the department prior to January 1, 2024, shall remain in place, subject to
any time limitations on such waivers; further, such waivers shall be subject to
the following:
i. such waivers are subject to
review or revocation upon any change in circumstance related to the waiver or
upon a finding that the health, safety, or welfare of a patient may be
compromised; and
ii. such waivers
are not transferrable in an ownership change or change of location.
