1. (a) Any renovation, expansion, or new construction must comply with

   1. (1) the requirements of Guidelines for Design and Construction of Hospital and Health Care Facilities, American Institute of Architects, 2001 edition, secs. 1 - 6 and sec. 9, adopted by reference;
   2. (2) 7 AAC 09.010 - 7 AAC 09.170;
   3. (3) AS 18.60.580 - 18.60.660; and
   4. (4) AS 18.60.705 - 18.60.740.

2. (b) A birth center must comply with municipal fire safety regulations, with 13 AAC 50 - 13 AAC 55, and with the following National Fire Protection Association (NFPA) standards:

   1. (1) NFPA 99: Standard for Health Care Facilities 2005 edition, adopted by reference;
   2. (2) NFPA 101: Life Safety Code, 2000 edition, adopted by reference;
   3. (3) NFPA 10: Standard for Portable Fire Extinguishers, 2002 edition, adopted by reference.
3. (c) A birth center must specify in writing the maximum allowable water temperature at an outlet for client bathing, showering, and washing, and a safety factor expressed in minutes required to reduce water temperature for particular client sensitivity due to illness or medication.

4. (d) The department may waive compliance with, or grant a variance from, a requirement in this section if the commissioner determines that an equivalent alternative is provided and the safety and well-being of clients is assured. If a birth center wishes to obtain a waiver or variance, its governing body must apply in writing to the commissioner and must include in the application

   1. (1) the justification for the waiver;
   2. (2) an explanation of the reasons why the particular requirement cannot be satisfied;
   3. (3) a description of the equivalent alternative proposed; and
   4. (4) if the application for waiver involves fire safety or other municipal or state requirements, evidence that it has been reviewed by the appropriate municipal or state authorities.

(Eff. 11/19/83, Register 88; am 12/17/2005, Register 176; am 9/30/2007, Register 183)