(a) General considerations.

1. (1) The requirements set forth herein:

   1. (A) Have been established by the Department of Health; and
   2. (B) Constitute minimum requirements for the design, construction, renovation, and repair of facilities requiring licensure under this part.

2. (2) Facilities shall be accessible to:

   1. (A) The public;
   2. (B) Staff; and
   3. (C) Patients with physical disabilities.

3. (3)

   1. (A) Projects involving existing facilities shall be programmed and phased to minimize disruption of the existing functions.
   2. (B) Access, exits, and fire protection shall be maintained for the occupants’ and the facility's safety.

4. (4) Codes and standards.

   1. (A) Nothing stated herein shall relieve the owner from compliance with building codes, ordinances, and regulations that are enforced by city, county, or other state jurisdictions.
   2. (B) Where such codes, ordinances, and rules are not in effect, the owner shall consult the state building codes for all components of the building type that are not specifically covered by these minimum requirements.

(b) Occupancy.

1. (1) Each licensed facility or portion of a licensed facility shall be classified as indicated below.
2. (2) “Inpatient direct care hospice” means a licensed hospice facility that provides direct inpatient care to the terminally ill.

(d) Construction projects. Each construction project shall be classified as indicated below:

1. (1) New;

2. (2)

   1. (A) Addition.
   2. (B) A project that increases the floor area of a licensed facility;

3. (3)

   1. (A) Repair.
   2. (B) A project that provides for the repair or renewal of a licensed facility or portion of a licensed facility solely for the purpose of its maintenance;

4. (4)

   1. (A) Simple renovation.
   2. (B) A project other than repair that meets all of the criteria listed below:

(i) The project does not increase the floor area of a licensed facility;

1. (ii) The project does not change the occupancy of a:

(b) (b) Portion of a licensed facility;

1. (iii) The project does not involve more than two (2) smoke compartments; and

   1. (iv) The smoke compartments affected by the project were completely protected by an automatic sprinkler system prior to the project or the project provides for the installation of a complete automatic sprinkler system in all smoke compartments that are affected by the project; and

2. (5)

   1. (A) Complex renovation.
   2. (B) A project other than addition, repair, or simple renovation.

(e) Applicable requirements based upon occupancy — Existing facilities. Existing facilities that do not comply with this part shall be permitted to continue in service provided the lack of conformity with this part does not present a serious hazard to the occupants as determined by:

1. (1) The Division of Health Facilities Services; or
2. (2) Other authorities having jurisdiction.

(f) Applicable requirements based upon the type of project.

1. (1) General.

   1. (A) Where renovation work is done within an existing facility, all new work, additions, or both shall comply insofar as practical with:

      1. (i) Applicable sections of this part; and
      2. (ii) Appropriate sections of the National Fire Protection Association’s NFPA 101: Life Safety Code covering new occupancies.

   2. (B)

      1. (i) In renovation projects and projects involving additions to existing facilities, only that portion of the total facility affected by the project shall comply with:

(b) (b) Appropriate parts of the National Fire Protection Association’s NFPA 101: Life Safety Code covering new occupancies.

1. (ii) Existing portions of the facility that are not included in the project but are essential to the functioning of a complete facility shall comply, at a minimum, with the appropriate sections of the National Fire Protection Association’s NFPA 101: Life Safety Code covering existing occupancies.

   1. (iii) Existing portions of the facility that receive less than substantial amounts of new work shall also comply, at a minimum, with the appropriate sections of the National Fire Protection Association’s NFPA 101: Life Safety Code covering existing occupancies.

   2. (C) Facilities or portions of facilities shall be permitted to be occupied during construction, renovation, and repair only where:

      1. (i) Required means of egress and required fire protection features are in place and continuously maintained for the portion occupied; or
      2. (ii) Alternate life safety measures acceptable to the Division of Health Facilities Services and other authorities having jurisdiction are in place.

2. (2) New, addition, simple renovation, and complex renovation shall be designed, constructed, and renovated in accordance with:

   1. (A) The applicable sections of this part; and
   2. (B) All appendices and publications referenced by these sections.
3. (3) Repair projects shall be designed and constructed in a manner that does not diminish the safety level that existed prior to the start of the work.

(g) Project review and approval process.

1. (1) Coordination. The Division of Health Facilities Services will coordinate the review and approval process for all offices of the Department of Health.

2. (2) New, addition, simple, or complex renovation projects shall be reviewed and approved by the Division of Health Facilities Services as indicated below:

   1. (A) Drawing review and approval process.

      1. (i) Submission of plan review fee.

(b) (b) The plan review fee check is to be made payable to the Department of Health.

1. (c) (c) A detailed estimate shall accompany the plans unless the maximum fee of five hundred dollars ($500) is paid.

   1. (ii) Submission of functional program and cost estimate.

      1. (iii) Submission of site location.
      2. (iv) Submission of preliminary plans.
      3. (v) Review of functional program, site location, and preliminary plans. The Division of Health Facilities Services shall review the functional program, site location, and preliminary plans and forward a written response with comments to the facility.
      4. (vi) Submission of final construction documents.
      5. (vii) Review and approval of final construction documents.

(b) (b) The Division of Health Facilities Services shall have a minimum of six (6) weeks to review final construction documents.

1. (c) (c) The written response shall indicate whether or not the final construction documents are approved.

   1. (d) (d) If the final construction documents are not approved, the written response shall indicate the design modifications required to secure approval;

   2. (B) Approval to begin construction. Facilities may proceed with new construction or addition, simple, or complex renovation projects after receiving:

      1. (i) A letter from the Division of Health Facilities Services stating that the final construction documents have been reviewed and approved; and
      2. (ii) Approval from other authorities having jurisdiction;
   3. (C) Site inspections during construction; and
   4. (D) Final site inspection.
2. (3) Repair. Repair projects do not require the Division of Health Facilities Service’s review and approval.

(h) Site location.

1. (1) Roads and parking.

   1. (A)

      1. (i) Paved roads and walks shall be provided within the lot lines to provide access to the main entrance and service entrance, including loading and unloading docks for delivery trucks.
      2. (ii) Paved walkways shall be provided for necessary pedestrian traffic.

   2. (B)

      1. (i) Each facility shall have parking spaces to satisfy the minimum needs of patients, employees, staff, and visitors.
      2. (ii) In the absence of a formal parking study, each facility shall provide not less than one (1) space for each:

(b) (b) Patient bed.

1. (iii) This ratio may be reduced in an area convenient to a public transportation system or to a public parking facility:

(b) (b) Provided that approval of any reduction is obtained from the Department of Health.

1. (2) Subsoil investigation.

   1. (A) Subsoil investigation shall be made to determine the subsurface soil and water conditions.
   2. (B) The investigation shall include a sufficient number of test pits or test borings to determine, in the judgment of the architect and the structural engineer, the true subsurface conditions.

   3. (C) Results of the investigation shall be available in the form of a:

      1. (i) Soil investigation report; or
      2. (ii) Foundation engineering report.

   4. (D) The investigation shall:

      1. (i) Be made in close cooperation with the architect and structural engineer; and
      2. (ii) Contain detailed recommendations for foundation design and gradings.

2. (3) Approval. The new building site shall be inspected and approved by the Department of Health before construction begins.

   1. (i) Preliminary plans. Preliminary plans submitted to the Division of Health Facilities Services shall include as a minimum the following information:

3. (1) Floor plans drawn to scale that indicate:

   1. (A) Room names;
   2. (B) Room dimensions;
   3. (C) Corridor dimensions;
   4. (D) Locations of fire-resistive-rated partitions; and
   5. (E) Locations of rated smoke barriers;
4. (2) An existing floor plan indicating existing spaces and exits and their relationship to the new construction (renovation projects only);

5. (3)

   1. (A) Building sections that establish the proposed construction type and fire rating.
   2. (B) Sections shall be drawn at a scale sufficiently large to clearly present the proposed construction system;

6. (4) A site plan that indicates the location of proposed:

   1. (A) Roads;
   2. (B) Walks;
   3. (C) Service and entrance courts;
   4. (D) Parking; and
   5. (E) Orientation;

7. (5) Simple horizontal and vertical space diagrams that indicate the:

   1. (A) Relationship of various departments and services to each other; and
   2. (B) General room arrangement in each department; and
8. (6) A narrative description of proposed mechanical, electrical, and fire protection systems.

(j) Final construction documents.

1. (1) Construction documents shall be prepared by an architect and/or professional engineer licensed by the State of Arkansas.

2. (2)

   1. (A) Architectural construction documents shall be prepared by an architect and engineering construction documents (structural, mechanical, electrical, and civil) shall be prepared by a qualified engineer.
   2. (B) The documents shall be stamped with appropriate seals for each discipline.

3. (3)

   1. (A) Periodic observations of construction shall be provided and documented by each design professional.

   2. (B) Design professionals shall verify that the:

      1. (i) Construction is in accordance with the construction documents; and
      2. (ii) Record drawings are properly maintained.
4. (4) The construction contract shall contain a provision to withhold progress payments to the contractor until the record drawings are current.

5. (5)

   1. (A) Final construction documents shall include drawings and specifications.

   2. (B) Separate drawings and specifications shall be prepared for each of the following branches of work:

      1. (i) Architectural;
      2. (ii) Structural;
      3. (iii) Mechanical;
      4. (iv) Electrical;
      5. (v) Life safety; and
      6. (vi) Fire protection.

   3. (C) Specifications. Specifications shall:

      1. (i) Supplement the drawings to fully describe types, sizes, capacities, workmanships, finishes, and other characteristics of all materials and equipment; and
      2. (ii) Include the following:

(b) (b) Index;

1. (c) (c) General conditions;

   1. (d) (d) General requirements; and

(e) (e) Sections describing material and workmanship in detail for each class of work.

1. (D)

   1. (i) All construction documents and specifications shall be approved by the Department of Health prior to the beginning of construction and a letter shall be issued from the licensing agency granting approval to commence with construction.

      1. (ii) The Department of Health shall have a minimum of six (6) weeks to review construction documents and specifications.
      2. (iii) The Division of Health Facilities Services shall coordinate the plan review with other divisions in the Department of Health.

(k) Site inspection during construction. The Department of Health shall inspect the project during the construction process as indicated below:

1. (1) The Department of Health is to be notified when construction begins and a construction schedule shall be submitted to determine inspection dates;
2. (2) Representatives from the Department of Health shall have access to the construction premises and the construction project for purposes of making whatever inspections deemed necessary throughout the course of construction; and

3. (3) Any deviation from the accepted construction documents shall not be permitted during construction until the written request for change or changes in the construction is approved by the Department of Health.

   1. (l) Final site inspection.
4. (1) Upon completion of construction and prior to the approval by the Department of Health to occupy and use the facility, the owner shall be furnished a complete set of record drawings and a complete set of installation, operation, and maintenance manuals and parts lists for the installed equipment.
5. (2) A list of final site inspection items has been provided in Table 5 of the Appendix.

6. (3) No facility shall occupy any new structure or major addition or renovation space until the appropriate permission has been received from the:

   1. (A) Local building and fire authorities; and
   2. (B) Licensing agency.