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 818 - ADULT DAY PROGRAMS
Section He-P 818.07 - ADP Construction, Modifications, or Structural Alterations

Universal Citation: NH Admin Rules He-P 818.07

Current through Register No. 40, October 3, 2024

(a) Notice and accurate architectural plans or drawings that show the room designation(s) and exact measurements of each area to be licensed, including windows and door sizes and each room's use, shall be submitted to the department at least 60 days prior to the start of construction or initiating any structural modifications to a building, for the following:

(1) A new building;

(2) Additions to a building;

(3) Alterations that require approval from local or state authorities; and

(4) Modifications that might affect compliance with the health and safety, fire, or building codes, including but not limited to, fire suppression, detection systems, and means of egress.

(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) Any licensee or applicant who wants to use performance-based standards to meet the fire safety requirements shall provide the department with documentation of fire marshal approval for such methods.

(d) The department shall review plans for construction, modifications, or structural alterations of an ADP for compliance with all applicable sections of RSA 151 and He-P 818 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, modifications, or structural alterations, however an applicant or licensee who proceeds prior to receiving approval shall do so at their own risk.

(f) The ADP shall comply with all applicable licensing regulations when doing construction, modifications, or alterations.

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

(1) The state fire code, Saf-C 6000, including but not limited to the day care chapter of NFPA 101, as adopted by the commissioner of the department of safety under RSA 153, and as amended pursuant to RSA 153:5, I, by the state fire marshal with the board of fire control;

(2) The state building code as defined in RSA 155-A:1, IV, as amended by the building code review board pursuant to RSA 155-A:10, V; and

(3) Local rules, regulations, and ordinances.

(h) All ADPs newly constructed after the 2017 effective date of these rules shall comply with the Facility Guidelines Institutes (FGI) "Guidelines for Design and Construction of Residential Health, Care, and Support Facilities," Adult Day Care chapter, 2014 edition, as available as noted in Appendix A.

(i) 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.

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

(k) The completed building shall be subject to an inspection pursuant to He-P 818.09 prior to its use.

#5517, eff 11-25-92; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99

New. #9106, eff 3-18-08

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