New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 800 - RESIDENTIAL CARE AND HEALTH FACILITY RULES
Part He-P 805 - SUPPORTED RESIDENTIAL HEALTH CARE FACILITY LICENSING RULES
Section He-P 805.07 - SRHCF Construction, Modifications or Structural Alterations

(a) Sixty days prior to initiating construction, the SRHCF shall provide to the department notice and accurate architectural plans or drawings, unless otherwise directed, that show the room designation(s) and exact measurements of each area to be licensed, including windows and door sizes and each rooms use for the following:

(b) Architectural sprinkler and fire alarm plans shall be submitted to the NH state fire marshal's office as required by RSA 153:10-(b),V.

(c) Rehabilitation work on existing buildings shall be classified as one of the following work categories in accordance with NFPA 101, section 43.2.2.1 and require the submission of architectural plans or drawings to the department, unless directed otherwise:

(d) The department shall review plans for construction, modifications, or structural alterations of an SRHCF for compliance with all applicable sections of RSA 151 and He-P 805 and notify the applicant or licensee as to whether the proposed changes comply with these requirements.

(e) Department approval shall not be required prior to initiating construction, renovations, or structural alterations, however an applicant or licensee who proceeds prior to receiving approval shall do so at their own risk.

(f) The SRHCF shall comply with all applicable licensing rules when doing construction, modifications, or structural alterations.

(g) A licensee or applicant constructing, modifying, or structurally altering a building shall comply with the following:

(h) All SRHCFs newly constructed or renovated after the 2015 effective date of He-P 805 shall follow the Facility Guidelines Institutes (FGI) "Guidelines for Design and Construction of Health Care Facilities," Residential Healthcare chapter, 2010 edition, as applicable, as available as noted in Appendix A.

(i) Where renovation or structural alteration work is done within an existing facility, all such work shall comply, insofar as practicable, with applicable sections of the FGI "Guidelines for Design and Construction of Health Care Facilities," Residential Healthcare chapter, 2010 edition, as available as noted in Appendix A.

(j) Per the FGI "Guidelines for Design and Construction of Health Care Facilities," Residential Healthcare chapter, 2010 edition, as available as noted in Appendix A, and notwithstanding (i) above, where it is evident that a reasonable degree of safety is provided, the requirements for existing buildings shall be permitted to be modified if their application would be impractical in the judgment of the authority having jurisdiction.

(k) The department's bureau of health facilities administration shall be the authority having jurisdiction for the requirements in (h) above and shall negotiate compliance and grant waivers in accordance with He-P 805.10 as appropriate.

(l) Waivers granted by the department for construction or renovation purposes shall not require annual renewal unless the underlying reason or circumstances for the waivers change.

(m) Exceptions or variances pertaining to the state fire code referenced in (g) (1) above shall be granted only by the state fire marshal.

(n) The building or renovated space shall be subject to an inspection pursuant to He-P 805.09 prior to its use.