Unless otherwise provided in this section, definitions in the Washington State Building Code, chapter 19.27 RCW, and 42 C.F.R. Ch. IV § 483.70, National Fire Protection Association, standard 101 "Life Safety Code" current adopted edition by Centers for Medicare/Medicaid Services (CMS) shall apply to this chapter. The following definitions will also apply to this chapter:

1. (1) "State director of fire protection" means the director of fire protection within the Washington state patrol, the state fire marshal, or authorized deputy or designee.

2. (2) "New facility" means any facility that is:

   1. (a) Being occupied or licensed for the first time;
   2. (b) Vacated for more than one year and reoccupied;
   3. (c) Closed for more than one year and reopened;
   4. (d) Changes occupancy classification; or

   5. (e) For which the license has expired, will be considered as a new facility and must meet the current codes and standards as adopted.

      Exceptions:

      • Existing assisted living facilities which may be vacated for more than one hundred eighty days if approved by the director of fire protection and the department of social and health services.

      • Existing nursing homes that have been converted to an assisted living facility under provisions of chapter 388-78A WAC.

3. (3) "Before and after school program" means a program licensed by the department of children, youth, and families that provides early learning experiences for children five years of age through twelve years of age who are attending kindergarten or elementary school.
4. (4) "Birthing center" or "childbirth center" are defined in chapter 18.46 RCW.

[Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 43.43.939, 70.41.080, 70.97.210, 71.12.485, 74.15.050 and chapter 43.44 RCW. WSR 20-20-062, § 212-12-005, filed 10/1/20, effective 11/1/20. Statutory Authority: RCW 18.20.130, 18.46.110, 70.62.290, and 74.15.050. WSR 13-18-066, § 212-12-005, filed 9/3/13, effective 10/4/13. Statutory Authority: RCW 18.20.130, 18.46.110, 18.51.140, 41.12.485, 48.48.030, 48.48.045, 70.62.290, 74.15.050. WSR 08-06-050, § 212-12-005, filed 2/28/08, effective 3/30/08. Statutory Authority: Chapter 19.27 RCW. WSR 02-16-023, § 212-12-005, filed 7/29/02, effective 8/29/02. Statutory Authority: Chapters 43.63A and 48.48 RCW. WSR 93-05-032 (Order 93-02), § 212-12-005, filed 2/16/93, effective 3/19/93.]