- (a) Pursuant to G.S. 131D-6.1(c)(8), the Division of Health Service Regulation shall not approve a capacity of greater than twelve participants for an overnight respite services program. For the purposes of this Rule, "capacity" means the maximum number of participants that the overnight respite services program is licensed to house at any given time.
- (b) An overnight respite services program shall not exceed the capacity shown on its license. The license shall indicate the overnight respite services program's capacity for ambulatory and non-ambulatory participants permitted that an overnight respite services program facility can house at any given time. For the purposes of this Rule, "ambulatory" means the participant is able to respond and evacuate from the facility without verbal or physical assistance from others in the event of an emergency. "Non-ambulatory" means the participant is not able to respond and evacuate from the facility without verbal or physical assistance from others in the event of an emergency.
- (c) Prior to an increase in capacity by adding rooms, altering rooms, remodeling, changing use of space, or without building modifications, the overnight respite services program shall submit a request for capacity increase and two building plans of each floor to the Construction Section. One plan shall indicate the current use of rooms in the existing building. The other plan shall indicate the proposed use of rooms in the existing building and its addition, alteration, remodeling, or change in use of space. For an addition to an existing building, the building plans shall also indicate how the addition will be tied into the existing building and any proposed changes to the building structure.
- (d) When the overnight respite services program increases its capacity by the addition to or alteration of an existing building, the entire overnight respite services program shall comply with the North Carolina State Building Codes, which are incorporated herein by reference including subsequent amendments and editions. Copies of these codes may be accessed electronically free of charge at https://codes.iccsafe.org/codes/united-states/north-carolina.
History Note: Authority G.S. 131D-6.1;
Eff. April 1, 2017;
Emergency Amendment Eff. July 1, 2026.