1. A. For the construction or modification of a health care institution that is required by this Chapter to comply with any of the physical plant codes and standards incorporated by reference in R9-10-104.01, an applicant shall submit as part of the health care institution license application to the Department an application packet including:

   1. 1. An application in a Department-provided format that contains:

      1. a. For construction of a new health care institution:

         1. i. The health care institution’s name, street address, city, state, zip code, telephone number, and e-mail address;
         2. ii. The name and mailing address of the health care institution’s governing authority;
         3. iii. The requested health care institution class or subclass; and
         4. iv. If applicable, the requested licensed capacity, licensed occupancy, respite capacity, and number of dialysis stations for the health care institution;

      2. b. For modification of a licensed health care institution that requires approval of architectural plans and specifications:

         1. i. The health care institution’s license number,
         2. ii. The name and mailing address of the licensee,
         3. iii. The health care institution’s class or subclass, and
         4. iv. The health care institution’s existing licensed capacity, licensed occupancy, respite capacity, or number of dialysis stations; and the requested licensed capacity, licensed occupancy, respite capacity, or number of dialysis stations for the health care institution;
      3. c. The health care institution’s contact person’s name, street mailing address, city, state, zip code, telephone number, and email address;
      4. d. A notarized attestation from an architect registered pursuant to A.R.S. Title 32, Chapter 1 that verifies the architectural plans and specifications meet or exceed standards adopted by the Department. For a modification of a health care institution, authorities having jurisdiction may grant approval to renovate portions of a structure, space, or system if the facility operations and patient safety in renovated and existing areas are not jeopardized by existing features of areas retained without complete corrective measures which minimize restriction on those improvements where total compliance would create an unreasonable hardship and would not substantially improve safety;
      5. e. A narrative description of the project;

      6. f. The estimated total project cost including the costs of:

         1. i. Site acquisition,
         2. ii. General construction,
         3. iii. Architect fees,
         4. iv. Fixed equipment, and
         5. v. Movable equipment;
      7. g. If providing or planning to provide medical services, nursing services, or health-related services that require compliance with specific physical plant codes and standards incorporated by reference in R9-10-104.01, the number of rooms or inpatient beds designated for providing the medical services, nursing services, or health-related services;
      8. h. If providing or planning to provide behavioral health observation/stabilization services, the number of behavioral health observation/stabilization observation chairs designated for providing the behavioral health observation/stabilization services;
      9. i. If construction or modification of a health care institution requires a project engineer, a statement signed and sealed by the project engineer, according to the requirements in 4 A.A.C. 30, Article 3, that the project engineer has complied with A.A.C. R4-30-301; and
      10. j. A statement signed by the governing authority or the licensee that the architectural plans and specifications comply with applicable licensing requirements in A.R.S. Title 36, Chapter 4 and this Chapter;

   2. 2. If the health care institution is located on land under the jurisdiction of a local governmental agency, one of the following:

      1. a. A building permit for the construction or modification issued by the local governmental agency; or

      2. b. If a building permit issued by the local governmental agency is not required, zoning clearance issued by the local governmental agency that includes:

         1. i. The health care institution’s name, street address, city, state, zip code, and county;
         2. ii. The health care institution’s class or subclass and each type of medical services, nursing services, or health-related services to be provided; and
         3. iii. A statement signed by a representative of the local governmental agency stating that the address listed is zoned for the health care institution’s class or subclass;

   3. 3. The following information that is as necessary to demonstrate that the project described on the application complies with applicable codes and standards incorporated by reference in R9-10-104.01:

      1. a. A site plan, drawn to scale, of the entire premises showing streets, property lines, facilities, parking areas, outdoor areas, fences, swimming pools, fire access roads, fire hydrants, and access to water mains;
      2. b. For each facility, on architectural plans and specifications, a floor plan, drawn to scale, for each level of the facility, showing the layout and dimensions of each room, the name and function of each room, means of egress, and natural and artificial lighting sources;

   4. 4. The estimated total project cost including the costs of:

      1. a. Site acquisition,
      2. b. General construction,
      3. c. Architect fees,
      4. d. Fixed equipment, and
      5. e. Movable equipment;

   5. 5. If the health care institution is located on land under the jurisdiction of a local governmental agency, one of the following provided by the local governmental agency:

      1. a. A copy of the certificate of occupancy for the facility,
      2. b. Documentation that the facility was approved for occupancy, or
      3. c. Documentation that a certificate of occupancy for the facility is not available.
2. B. The Department may conduct on-site facility reviews during the construction or modification of a health care institution.

Historical Note

New Section made by final rulemaking at 8 A.A.R. 3559, effective August 1, 2002 (Supp. 02-3). Amended by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2). Amended by final rulemaking at 25 A.A.R. 1583, effective October 1, 2019 (Supp. 19-3). Amended by final expedited rulemaking, at 25 A.A.R. 3481 with an immediate effective date of November 5, 2019 (Supp. 19-4). Publication error corrected in R9-10-104(A)(1) removing “provided by the Department;” publication error corrected in R9-10-104(B) removing “submitting;” with both amendments made at 25 A.A.R. 1583. Publication error corrected in R9-10-104(A), incorporated by reference Section updated as amended at 25 A.A.R. 3481 (Supp. 21-2). Amended by final rulemaking at 31 A.A.R. 2457 (July 25, 2025), effective August 30, 2025 (Supp. 25-3).