1. (a) For the purposes of this Rule the following definitions apply:

   1. (1) "facility" means a building or portion of a building housing an overnight respite services program as defined in G.S. 131D-6.1(a);
   2. (2) "proposed facility" means the new construction of a building for a facility, an addition or alteration to an existing building for a facility, or the change in use of a building for a facility;
   3. (3) "existing facility" means a currently licensed facility and built prior to the effective date of this Rule; and
   4. (4) "new facility" means a facility that has not been licensed previously as an overnight respite services program and for which an initial license is sought. The term also includes a proposed facility that will be built according to building plans approved by the Construction Section for compliance with the standards established in this Section, on or after the effective date of this Rule.

2. (b) The physical plant requirements for each facility shall be applied as follows:

   1. (1) A new facility shall meet the standards established in this Section.
   2. (2) An existing facility shall meet the standards established in this Section that were in existence at the time of change in use of space, increase in capacity, construction, addition, alteration, or repair.
   3. (3) An existing building converted from another use that a program intends to use for an overnight respite services program shall meet all the requirements of a new facility as indicated in Subparagraph (b)(1) of this Rule.
3. (c) All new construction, additions, modifications, renovations, or alterations for a new facility shall meet the requirements of the North Carolina State Building Code: Residential Code for overnight respite services programs requesting licensure for less than seven participants. Additionally, overnight respite services programs requesting licensure for four to six participants shall meet the North Carolina State Building Code: Building Code, Licensed Residential Care Facilities Section in effect at the time of licensure. Before starting any construction or alterations, the overnight respite services program shall consult with the local building code official for information about required permits and construction requirements.
4. (d) All new construction, additions, modifications, renovations, or alterations for a new facility requesting licensure for seven to twelve participants shall meet the requirements of the North Carolina State Building: Building Code, Licensed Large Residential Care Facilities Section in effect at the time of licensure. Before starting any construction or alterations, the overnight respite services program shall consult with the local building code official for information about required permits and construction requirements. The North Carolina State Building Codes, which are incorporated herein by reference, including subsequent amendments and editions, may be accessed electronically free of charge at https://codes.iccsafe.org/codes/united-states/north-carolina.
5. (e) All new construction, additions, modifications, renovations, or alterations of an existing facility shall meet the requirements of the North Carolina State Building Codes in effect at the time of construction, addition, modification, renovation, alteration, or repair. Before starting any construction or alterations, the overnight respite services program shall consult with the local building code official for information about required permits and construction requirements.
6. (f) A facility shall be constructed, equipped, and maintained to comply with the standards established in this Section for the capacity indicated on its license.

7. (g) The Construction Section may grant an equivalency to allow an alternate design or functional variation from the requirements of the rules contained in this Section. For the purposes of this Rule, an "equivalency" is a Construction Section-approved alternate design and functional variation to a requirement contained in the rules of this Section that meets the intent of the rule requirement but does not reduce the safety and operational effectiveness of the facility design and layout. If granted, the equivalency shall apply to a specific facility. A program shall be granted an equivalency if:

   1. (1) the overnight respite services program submits a written equivalency request to the Construction Section indicating:

      1. (A) the rule requirement that will not be met;
      2. (B) the justification for the equivalency; and
      3. (C) how the proposed equivalency meets the intent of the corresponding rule requirement; and
   2. (2) the program receives a written approval of the equivalency from the Construction Section.
8. (h) If any of the rules, codes, or standards contained in this Section conflict, the most restrictive requirement shall apply.
9. (i) For an existing facility whose license is revoked or suspended by the Division of Health Service Regulation pursuant to G.S. 131D-6.1(g)(2) for at least 60 days, the facility shall meet the requirements of a new facility as required by Subparagraph (b)(1) of this Rule prior to being relicensed.
10. (j) Prior to commencement of construction or change in use of space, any program intending to offer overnight respite care services that is planning new construction, an addition, modification, renovation, or alteration to an existing building, or a change in use of space shall submit building plans and other documents to the Construction Section as specified in Rule .0301 of this Section.

11. (k) If the building to be used for a facility is two or more stories in height, it shall meet the following additional requirements:

    1. (1) construction shall not exceed the allowable area for occupancy in the North Carolina State Building Code;
    2. (2) participants shall be housed on the level of the principal exterior door as defined in Rule .0312(c) of this Section; and
    3. (3) participant-use areas shall be located on the level of the principal exterior door.
12. (l) The basement and the attic shall not to be used for storage or sleeping.
13. (m) The ceiling height throughout the facility shall be at least seven and one-half feet from the floor.
14. (n) Elevation changes in the floor are not permitted in participant-use areas. Steps and ramps between levels are not permitted.
15. (o) The door width shall be a minimum of two feet and six inches in the kitchen, dining room, living room, bedrooms, and bathrooms.
16. (p) All windows that are designed to be operable shall be maintained operable. For the purposes of this Rule, "operable" means a window that may be opened and shut to allow outdoor-air ventilation.
17. (q) The facility shall meet sanitation requirements set forth in 15A NCAC 18A .1600, Rules Governing the Sanitation of Residential Care Facilities, which are incorporated herein by reference, including subsequent amendments and editions. Copies of these Rules may be accessed electronically free of charge at https://www.oah.nc.gov/.

18. (r) The facility shall have the following inspection reports available for review upon request by the Construction Section:

    1. (1) a sanitation inspection report from the sanitation division of the county health department dated within the past 12 months; and
    2. (2) a fire and safety inspection report from the local fire marshal dated within the past 12 months.
19. (s) The building housing a facility shall be equipped with a fire alarm system with pull stations on each floor and sounding devices that are audible throughout the building. The fire alarm system shall be equipped to transmit an automatic signal to the local emergency fire department dispatch center, either directly or through a central station monitoring company connection. The fire alarm system shall be installed in accordance with National Fire Protection Association (NFPA) 72, which is incorporated herein by reference, including subsequent amendments and editions, and may be accessed electronically free of charge at https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=72.
20. (t) Underwriters Laboratory (U.L.) listed heat detectors are required in attics and basements and shall be connected to the fire alarm system. These heat detectors shall be interconnected and provided with battery backup. Corridors shall be equipped with smoke detectors that are connected to the fire alarm system.
21. (u) A building housing an overnight respite services program or an adult day care or adult health care program shall be equipped with a wet pipe sprinkler system in accordance with NFPA 13, which is incorporated herein by reference, including subsequent amendments and editions, and may be accessed electronically free of charge at https://www.nfpa.org/codes-and-standards/nfpa-13-standard-development/13.

History Note: Authority G.S. 131D-6.1;
Eff. April 1, 2017;
Emergency Amendment Eff. July 1, 2026.