Current through Register Vol. 35, No. 6, March 26, 2024
All building construction shall be based upon the facility
occupancy in accordance with the state building code and fire codes, pursuant
to 14.7 NMAC.
A.
New
facilities. All new facilities, relocated into existing building(s) or
remodeled facilities shall conform to the current edition of the state building
code, accessibility code, mechanical code, plumbing code, fire code and the
electrical code.
(1) With regard to building
height, allowable area or construction type, the state building code shall
prevail.
(2) Minimum construction
requirements shall comply with all applicable state building codes.
(3) A facility may share a building with
another health care facility licensed by the department or other suitable
facility with prior approval from the licensing authority.
(4) Where there are conflicts between the
requirements in the codes and the provisions of this rule, the most restrictive
condition shall apply.
B.
Access for persons with
disabilities. Facilities with four (4) or more residents shall provide
accessibility to residents with disabilities in accordance with the state
building code and the American Disabilities Act. Areas of specific concern are
as follows:
(1) the main entry into the
facility and all required exits shall provide access to persons with
disabilities;
(2) the building
shall allow access to persons with disabilities to all common areas;
(3) at least one bedroom, for every eight (8)
residents, shall have a door clearance of thirty-six (36) inches for access by
persons with disabilities;
(4) at
least one toilet and bathing facility, for every eight (8) residents, shall
have a minimum door clearance of thirty-six (36) inches for access by persons
with disabilities; this toilet and bathing room shall provide a minimum sixty
(60) inch diameter clear space to accommodate the turning radius of a
wheelchair;
(5) when ramps are
used, each ramp shall have a minimum slope of twelve (12) inches horizontal run
for each one (1) inch of vertical rise; ramps exceeding a six (6) inch rise
shall be provided with handrails on both sides of the ramp;
(6) landings at doorways shall have a level
area, at a minimum of five (5) feet by five (5) feet, to provide clear space
for wheelchair maneuvering;
(7)
parking spaces shall provide access aisles with a minimum width of sixty (60)
inches and ninety-six (96) inches for van parking; a minimum of one (1)
van-accessible parking space with a minimum width of ninety-six (96) inches
shall be provided;
(8) an
accessible route for persons with disabilities from the parking area to the
main entrance(s) shall be provided; and
(9) changes in elevation of one half inch
(1/2 inch) or greater shall be sloped to a minimum of twelve (12) inches
horizontal run for each one (1) inch of vertical rise.
C.
Construction drawings. Prior
to commencement of all new construction, remodeling, relocations, additions or
renovations to existing buildings; the facility shall submit preliminary plans
and final construction drawings with specifications to the licensing authority
for review and approval.
(1) Building plans
and specifications shall be submitted and approved by the department when:
(a) construction for a new facility is
proposed;
(b) a building that has
not previously licensed as a facility is proposed as a location for a
facility;
(c) any renovation that
increases the number of beds is proposed;
(d) any addition to an existing structure is
proposed; or
(e) any renovation to
the existing structure is proposed, regardless of the size of the
facility.
(2) The codes
that are in effect at the time of the submittal of building plans shall be the
codes used through the end of the project.
(3) Drawings and specifications shall be
prepared for the architectural, structural, mechanical and electrical branches
of work for each construction project and shall include the following:
(a)
the site plan(s) showing
property lines, finish grade, location of existing and proposed structures,
roadways, walks, utilities and parking areas;
(b)
the floor plan(s) showing
scale drawings of typical and special rooms, indicating all fixed and movable
equipment and major items of furniture;
(c)
the separate life safety
plans showing the fire and smoke compartment(s), all means of egress and
exit markings, exits and travel distances, dimensions of compartments and
calculation and tabulation of exit units, all fire and smoke walls shall be
graphically coded;
(d) the exterior
elevation of each facade;
(e) the
typical sections throughout the building;
(f) the schedule of finishes;
(g) the schedule of doors and
windows;
(h) the roof plans;
and
(i) the building code
analysis.
(4)
For
facilities with more than fifteen (15) residents: architectural drawings
shall be stamped, signed and dated by a licensed architect registered in New
Mexico. In addition to items listed in section (3) above, the drawings shall
include the following:
(a) the building code
analysis; and
(b) when an elevator
is required, the details and dimensions of the elevator.
(5)
Structural drawings shall
include the following:
(a) a certification
that all structural design and work are in compliance with all applicable local
codes;
(b) the plans of
foundations, floors, roofs and intermediate levels that show a complete design
with sizes, sections and the relative location of the various members;
and
(c) the schedules of beams,
girders and columns.
(6)
Mechanical drawings shall include the following:
(a) a certification that all mechanical work
and equipment are in compliance with all applicable local codes and laws and
that all materials are listed by recognized testing laboratories;
(b) the water supply, sewage and heating,
ventilation and air conditioning piping systems;
(c) the heating, ventilating, HVAC piping and
air conditioning systems with all related piping and auxiliaries, if any, to
provide a satisfactory installation;
(d) the water supply, sewage and drainage
with all lines, risers, catch-basins, manholes and cleanouts clearly indicated
as to location, size, capacities and location and dimensions of septic tank and
disposal field;
(e) the sprinkler
head layout; and
(f) the graphic
coding (with a legend) to show supply, return and exhaust systems.
(7)
Electrical
drawings shall include the following:
(a) a certification that all electrical work
and equipment are in compliance with all applicable local codes and laws and
that all materials are currently listed by recognized testing
laboratories;
(b) all electrical
wiring, outlets, riser diagrams, switches, special electrical connections,
electrical service entrance with service switches, service feeders and
characteristics of the light and power current and transformers when located
within the building;
(c) a fixture
legend; and
(d) a graphic coding
(with a legend) to show all items on emergency power.
(8) Include additional information as needed
and requested by the licensing authority.
(9) Final working drawings and specifications
shall be accurately dimensioned and include all necessary explanatory notes,
schedules, legends and have all rooms labeled. The working drawings and
specifications shall be complete and adequate for contract purposes.
(10) One set of final plans shall be
submitted to the licensing authority for review and approval prior to the
commencing of construction. All construction shall be executed in accordance
with the approved final plans and specifications.
(11) Review and approval of building plans by
the licensing authority does not eliminate responsibility of the applicant to
comply with all applicable laws, rules and ordinances.
(12) The final approval of building plans and
specifications shall be acknowledged in writing by the licensing
authority.
(13) The approved
building plans shall be kept at the facility and readily available at all
times.
D.
Fire
resistance. Required building construction and fire resistance shall be
in accordance with the state building code and the fire code. Facilities with
nine (9) or more residents shall be protected throughout by an approved
automatic fire protection (sprinkler) system.
E.
Prohibition of mobile homes.
For facilities with four (4) or more residents, trailers and mobile homes shall
not be used.
F.
Construction. Construction shall commence within one hundred eighty
(180) calendar days of the date of receipt of approval (unless a written
extension is requested by the facility and approved by department). This
approval shall in no way permit or authorize any omission or deviation from the
requirements of any restrictions, laws, ordinances, codes or standards of any
regulatory agency.
