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 826 - SUBSTANCE USE DISORDER RESIDENTIAL TREATMENT FACILITIES
Section He-P 826.07 - SUD-RTF New Construction Existing Building Rehabilitation
Current through Register No. 40, October 3, 2024
(a) For new construction and for rehabilitation, renovation, modification, reconstruction, or addition of an existing building, all construction documents, shop drawings, and architectural, sprinkler, and fire alarm plans shall be submitted to the department 60 days prior to the start of such work.
(b) The architectural, sprinkler, and fire alarm plans in (a) above shall accurately show the room designation(s) and exact measurements of each area to be licensed, including windows and door sizes and each room's use.
(c) Architectural, sprinkler, and fire alarm plans shall be submitted to the state fire marshal's office as required by RSA 153:10-b, V.
(d) Any licensee or applicant who wants to use performance-based design to meet the fire safety requirements shall provide the department with documentation of fire marshal approval for such methods.
(e) The department shall review construction documents, drawings, and plans of a newly proposed or existing facility for compliance with all applicable sections of RSA 151 and He-P 826 and shall notify the applicant or licensee as to whether the proposal complies with these requirements.
(f) Construction and building rehabilitation initiated prior to receiving department approval shall be done at the applicant or licensee's own risk.
(g) The SUD-RTF shall comply with all applicable state laws, rules, and local ordinances when undertaking construction or building rehabilitation.
(h) A licensee or applicant undertaking construction or building rehabilitation shall comply with the following:
(i) All SUD-RTF's newly constructed or rehabilitated after the 2018 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," Residential Healthcare chapter, 2018 edition, available as listed in Appendix A.
(j) Where building rehabilitation 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 Residential Health, Care, and Support Facilities," Residential Healthcare chapter, 2018 edition, available as listed in Appendix A.
(k) Per the FGI "Guidelines for Design and Construction of Residential Health, Care, and Support Facilities," Residential Healthcare chapter, 2018 edition, available as listed in Appendix A, and notwithstanding (j) 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.
(l) The department shall be the authority having jurisdiction for the requirements in (i) -(k) above and shall negotiate compliance and grant waivers in accordance with He-P 826.10 as appropriate.
(m) Penetrations, holes, or other openings in fire walls, fire partitions, smoke barriers, floors, and ceilings that allow the transfer of fire, heat, or smoke shall be closed and sealed using a listed and approved sealant that provides an equivalent rating as provided by the original surface.
(n) Waivers granted by the department for construction or building rehabilitation under the FGI guidelines above shall not require annual renewal unless the underlying reason or circumstances for the waivers change.
(o) Exceptions or variances pertaining to the state fire code referenced in (h) (1) above shall be granted only by the state fire marshal.
(p) The building, including all construction and rehabilitated spaces, shall be subject to an inspection pursuant to He-P 826.09 prior to its use.
