Wyo. Code R. 048-0061-3
Effective Date: 07/15/2004 to 04/03/2008
Rule Type: Superceded Rules & Regulations
Reference Number: 048.0061.3.07152004
Section 1. Authority. These rules are promulgated by the Department of Health pursuant to W.S. 35-2-901 et seq., W.S. 35-9-121.1., and the Wyoming Administrative Procedures Act at W.S. 16-3-101 et seq.
Section 2. Applicability.
(a) These rules shall apply to and govern the construction, remodel, or expansion of health care facilities, on and after the effective date of these rules.
(b) The Office of Health Facilities may issue manuals, bulletins, or both, to interpret the provisions of these rules and regulations. Such manuals and bulletins shall be consistent with and reflect the policies contained in these rules and regulations. The provisions contained in manuals or bulletins shall be subordinate to the provisions of these rules and regulations.
(c) The incorporation by reference of any external standard intended to be the incorporation of that standards as it is in effect on the effective date of these rules.
Section 3. Definitions. The following definitions shall apply in the interpretation and enforcement of these rules. Where the context in which words are used in these rules indicates that such is the intent, words in the singular number shall include the plural and vice versa. Throughout these rules, gender pronouns are used interchangeably, except where the context dictates otherwise. The drafters have attempted to utilize each gender pronoun in equal numbers, in random distribution. Words in each gender shall include individuals of the other gender.
(a) 'Department' means the State of Wyoming Department of Health, which is the Authority Having Jurisdiction.
(b) 'Council' means the council on fire prevention and electrical safety in buildings per W.S. 35-9-102(a)(iv).
(c) 'Health Care Facilities' means any adult day care facility, ambulatory surgical center, assisted living facility, birthing center, boarding home, freestanding diagnostic testing center, home health agency, hospice, hospital, intermediate care facility for the mentally retarded, medical assistance facility, nursing care facility, rehabilitation facility and renal dialysis center, or as defined by W.S. 35-2-901 et seq.
(d) 'NFPA' means The National Fire Protection Association.
(e) 'Preliminary Plans' means schematic design documents consisting of drawings and other documents illustrating the scale and relationship of project components that have been approved by the owner.
(a) W.S. 35-9-121.1. Health care facilities; jurisdiction; delegation; rules.
(i) The Department of Health has jurisdiction over all aspects of construction and remodeling, except electrical installation, of any state licensed health care facility as defined in W.S. 35-2-901.
(ii) The fire safety code requirements for the construction and remodeling of any state licensed health care facility shall meet the minimum requirements established in the National Fire Protection Association 101 Life Safety Code or any other code required to meet federal fire and life safety certification. If any code requirements for federal certification conflict with the code of any other state or local governmental entity, the code required for federal certification shall prevail.
(iii) The Department of Health shall promulgate rules and regulations for all aspects of construction and remodeling of health care facilities except electrical installation. For aspects of construction and remodeling included in codes adopted by the council pursuant to W.S. 35-9-106, the rules and regulations shall be based on and not exceed the standards of these codes except where federal certification requirements dictate otherwise.
(iv) Upon written request from any county or municipality, the department of health shall delegate plan review and inspection responsibilities to the county or municipality that has personnel who are certified pursuant to the applicable code. The Department of Health shall transfer jurisdiction and authority by letter. The Department of Health shall notify the governing body of the municipality or county of the minimum standards and requirements under this section and W.S. 16-6-501 and 16-6-502. The following shall apply:
(A) Any municipality or county may issue a certificate of occupancy for a health care facility. The certificate shall reference any code applied to the construction or remodeling of the facility;
(B) A municipality or county which has enforcement authority under this subsection may create its own appeals board to determine the suitability of alternate materials and types of construction. If a municipality or county has not created an appeals board, the Department of Health shall establish an appeals board which includes representation from the Department of Health and the council.
(v) After construction or remodeling of any health care facility, the Department of Health shall have jurisdiction over the fire and life safety inspections required for federal certification.
(a) Wyoming Fire and Life Safety Minimum Standards for Health Care Facilities.
(i) The 2000 Edition of NFPA 101, Life Safety Code and all codes and standards referenced therein are adopted by reference.
(ii) The 2002 edition of NFPA 99, Standard for Health Care Facilities and all codes and standards referenced therein are adopted by reference.
(iii) NFPA 101 and NFPA 99 are publications of:
National Fire Protection Association
P.O. Box 9101
Quincy, MA 02269-9101
Phone: (617) 770-3000
E-mail Address: www.nfpa.org
(iv) Exceptions
(A) Health Care Facilities that are excepted from NFPA 101, Life Safety Code are home health agencies and hospice facilities that do not provide inpatient care.
(B) Health Care Facilities that are excepted from NFPA 99, Standard for Health Care Facilities are adult day care facilities, home health agencies, and hospice facilities that do not provide inpatient care.
(C) Any Health Care Facility for which the license has lapsed for not more than 10 years from the last date of operation and has continuously maintained the building to the 1985 or the 2000 edition of the Life Safety Code is exempt. Any construction, remodel, or expansion during the period of licensure lapse shall meet the requirements of these rules for new construction.
(b) Wyoming Design and Construction Minimum Standards for Health Care Facilities.
(i) The 2001 edition of "Guidelines for Design and Construction of Hospital and Health Care Facilities" and all codes and standards referenced therein are adopted by reference.
(ii) This is a publication of:
The American Institute of Architects
Order Department
9 Jay Gould Co.
P. O. Box 753
Waldorf, MD 20601
Phone: (202)626-7474 or 1-800-AIA-3837, press 4
E-mail Address: www.library.aia.org
(iii) Exceptions.
(A) Health Care Facilities that are excepted from the "Guidelines for Design and Construction of Hospital and Health Care Facilities", are adult day care facilities, assisted living facilities, boarding homes, hospice facilities that do not provide inpatient care, home health agencies, and intermediate care facilities for the mentally retarded.
(B) Any Health Care Facility for which the license has lapsed for not more than 10 years from the last date of operation and has continuously maintained the physical environment to the licensure standards in effect on the date of last licensure is exempt. Any construction, remodel, or expansion during the period of licensure lapse shall meet the requirements of these rules for new construction.
(iv) Additional requirements to the "Guidelines for Design and Construction of Hospital and Health Care Facilities" are as follows:
(A) In hospitals and nursing care facilities, the laundry shall have a soiled linen holding room equipped with handwashing facilities and a sink for soaking soiled items.
(B) In ambulatory surgical centers, birthing centers, hospices providing inpatient care, hospitals and nursing care facilities, continuous mechanical exhaust ventilation shall be provided in all bathing rooms, toilet rooms, soiled and wet areas.
(C) In hospitals and nursing care facilities, nurse call systems shall activate a visible and audible signal in the: corridor, clean workroom, soiled workroom, medication, charting, clean linen storage, nourishment, equipment storage, examination/treatment room(s), and at the nurses' station.
(D) In ambulatory surgical centers, birthing centers, hospices providing inpatient care, hospitals, and nursing care facilities, the air ducts that penetrate floors shall be provided with fire-rated dampers which are activated by smoke and heat.
(E) In ambulatory surgical centers, birthing centers, freestanding diagnostic testing centers, hospices providing inpatient care, hospitals, medical assistance facilities, nursing care facilities, rehabilitation facilities and renal dialysis centers all sinks shall be provided with spray heads or equivalent. Aerators shall not be used.
(F) In ambulatory surgical centers, birthing centers, freestanding diagnostic testing centers, hospices providing inpatient care, hospitals, medical assistance facilities, nursing care facilities, rehabilitation facilities and renal dialysis centers, all hand wash sinks shall have faucets which discharge at least 5 inches above the spill level of the sink. Soap dispensers and hand drying apparatus shall be provided at each hand wash sink.
(G) In nursing care facilities, bathing facilities shall include one circulating type fixture per nurses' station.
(H) In nursing care facilities, each resident shall have within his bedroom, storage space to include a wardrobe, locker or closet, separated from other resident shared spaces by a solid divider with a minimum dimension of 2' 4" x 1' 8" with a shelf and rod to permit hanging of full length garments. In addition, a built in or freestanding drawer unit which contains 3 drawers with minimum inside drawer width of 24" shall be provided for each resident. Night stand furniture is not considered storage space and is reserved for nursing home equipment and supplies.
(I) Engineering Services and Equipment.
(I) In ambulatory surgical centers, birthing centers, freestanding diagnostic testing centers, hospices providing inpatient care, hospitals, medical assistance facilities, nursing care facilities, rehabilitation facilities and renal dialysis centers, the boiler room or other rooms containing storage of combustible material shall not contain ventilation equipment, the main electrical switch board, emergency electrical equipment, or unprotected ventilation ducts serving other areas.
(II) In ambulatory surgical centers, birthing centers, freestanding diagnostic testing centers, hospices providing inpatient care, hospitals, medical assistance facilities, nursing care facilities, rehabilitation facilities and renal dialysis centers, air from evaporative coolers shall not be introduced directly into areas for patient care, diagnostic or treatment, and those areas providing direct service or clean supplies such as kitchens and laundries.
(III) In ambulatory surgical centers, birthing centers, freestanding diagnostic testing centers, hospices providing inpatient care, hospitals, medical assistance facilities, nursing care facilities, rehabilitation facilities and renal dialysis centers, all electrical receptacles located adjacent to sinks or other potentially wet areas shall be provided with ground fault circuit interrupter protection.
(IV) In ambulatory surgical centers, birthing centers, hospitals, medical assistance facilities, and nursing care facilities, a standby electrical generator shall be installed in all facilities to provide emergency lighting and power per the 2002 edition of NFPA 70, National Electrical Code, the 2002 edition of NFPA 99, Standard for Health Care Facilities, and the 2002 edition of NFPA 110, Standard for Emergency and Standby Power Systems.
(V) In ambulatory surgical centers, birthing centers, freestanding diagnostic testing centers, hospices providing inpatient care, hospitals, medical assistance facilities, nursing care facilities, rehabilitation facilities and renal dialysis centers, exposed light bulb fixtures and heat lamps shall not be allowed. Globes, guards, lenses and speciality coated bulbs shall be provided.
(VI) In ambulatory surgical centers, birthing centers, hospitals, medical assistance facilities, and nursing care facilities, supply and return air systems shall be within a duct. Common returns using corridor, ceiling cavities, and attic spaces as return plenums are prohibited.
(1.) Exception: Remodeling of existing buildings where the remodeling causes no change of space use that previously existed and where the ventilation of the existing building complies with Section 7 (b) of these Rules.
(c) Wyoming Building Construction Minimum Standards for Health Care Facilities
(i) The 2003 edition of the International Building Code and all codes and standards referenced therein are adopted by reference.
(A) Modifications to the International Building Code applicable to the Department are as follows:
(I) Sections 103, 104, 105, 108, 110, 111, 112, 113, 114, and 115 are not applicable.
(II) Subsection 101.4.1 Electrical, is modified by deleting “ICC Electrical Code” and replacing with “National Electrical Code”.
(III) Where building official is used in the applicable Sections of the code, the Department is the building official.
(IV) Subsection 1805.2.1 Frost protection is amended in all areas of the state outside the local government jurisdictions, the minimum depth from finished grade to the bottom of footings shall be 3 ft. for single story wood or metal frame buildings, and 4 ft. for multistory or masonry buildings.
(ii) The 2003 edition of the International Fuel Gas Code and all codes and standards referenced therein are adopted by reference.
(A) Modifications to the International Fuel Gas Code applicable to the Department are as follows:
(I) Sections 103, 104, 106, 108, and 109 are not applicable.
(II) Subsection 2702.1 Installation, Subsection 309.2 Electrical, Subsection 1003.2.11.2 Illumination emergency power, and Subsection 1003.2.10.5 Power source, is modified by deleting “ICC Electrical Code” and replacing with “National Electrical Code”.
(III) Where code official is used in the applicable Sections of the code, the Department is the code official.
(iii) The 2003 edition of the International Mechanical Code and all codes and standards referenced therein are adopted by reference.
(A) Modifications to the International Mechanical Code applicable to the Department are as follows:
(I) Sections 103, 104, 106, 108, and 109 are not applicable.
(II) Subsection 301.7 Electrical, is modified by deleting “ICC Electrical Code” and replacing with “National Electrical Code”.
(III) Where code official is used in the applicable Sections of the code, the Department is the code official.
(iv) The 2003 edition of the International Plumbing Code and all codes and standards referenced therein are adopted by reference.
(A) Modifications to the International Plumbing Code applicable to the Department are as follows:
(I) Sections 103, 104, 106, 108, and 109 are not applicable.
(II) Where code official is used in the applicable Sections of the code, the Department is the code official.
(v) The 2003 edition of the International Fire Code and all codes and standards referenced therein are adopted by reference.
(A) Modifications to the International Fire Code applicable to the Department are as follows:
(I) Sections 103, 104, 105, 108, 109, and 110 are not applicable.
(II) Subsection 604.1 Installation and Section 605 Electrical Equipment, Wiring and Hazards, is modified by deleting “ICC Electrical Code” and replacing with “National Electrical Code”.
(III) Where code official is used in the applicable Sections of the code, the Department is the code official.
(vi) These codes are publications of:
The International Code Council, Inc.
5203 Leesburg Pike #600
Falls Church, VA 22041
Phone: (703) 931-4533
www.intlcode.org
Section 6. Approvals, Inspections, Technical Assistance, Interpretations, and Plan Review.
(a) Plan Review
(i) Submission of Plans and Specifications
(A) Before construction is begun, plans and specifications shall be submitted to the Department for review and approval.
(B) Plans and specifications shall be submitted whenever:
(I) A Health Care Facility establishment is planning to be constructed;
(II) An existing structure is planning to be converted for use as a Health Care Facility;
(III) Changes to the functional operation and space use are anticipated to occur;
(IV) An existing Health Care Facility is planning a remodel;
(C) Minor alteration or remodeling that does not affect the structural integrity of the building, that does not change functional operation, that does not affect fire safety, and that does not add beds or facilities over those for which the Health Care Facility is licensed may be waived for plan review and approval.
(ii) Preliminary Plans.
(A) One (1) set of preliminary plans; and the functional program and the Infection Control Risk Assessment as required by the 'Guidelines for Design and Construction of Hospital and Health Care Facilities', approved by the owner, shall be submitted to the Department, for review by the Department or by the Department's authorized representative, and approval by the Department prior to submitting final plans.
(B) The Department may, upon request, hold preliminary meetings with engineers, architects and the building owner or the owner's representative to discuss code issues relative to proposed projects.
(C) The Department shall send preliminary plan approval to the owner and/or owner's representative at the earliest possible date, but no later than twenty-one (21) working days, after the plans are received by the Department.
(D) One (1) set of significant changes to the original plans as approved by the owner, shall be submitted to the Department for review and approval prior to implementation.
(E) Preliminary Plans approval expires 12 months after the Department's approval letter, if the final drawings have not been approved. Preliminary Plans shall be resubmitted to obtain a new letter of approval.
(iii) Final Plans.
(A) Prior to beginning work, the owner or owner's representative shall submit two (2) complete sets of plans and specifications to the Department. Sufficient stamps or metered postage to provide for the return of one set of plans and specifications shall be included and attached to a label bearing the return address of the owner or owner's representative.
(B) When plans and specifications are submitted to the Department for review, they shall be examined to determine that they are drawn to scale on substantial paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they conform to the provision of the statutes and the rules and regulations of the Department.
(C) Plans purporting to have been prepared by an individual or firm practicing architecture or engineering shall include the name and Wyoming license number of the responsible architect or engineer.
(D) An application for plans examination for submission shall be provided by the Department with the preliminary plan approval requesting information concerning the project, building data, building owner, architect/engineer and applicant.
(E) The owner or owner's representative shall send by certified mail or hand deliver the plans to the Department. All required plans and specifications; and application for plans examination shall be received before a plan review will take place.
(F) When it is determined the plans received are incomplete, the owner or owner's representative will be advised in writing of the required additional information and the plans and specifications will be returned to the owner or the owner's representative.
(G) Such other data, as necessary to show the correctness of the plans, shall be submitted when required by the Department.
(H) When the Department determines the plans and specifications submitted contain sufficient information for a comprehensive plan review, the plans and specifications shall be stamped and dated as "RECEIVED, ACCEPTABLE FOR REVIEW."
(I) After having been stamped as "RECEIVED, ACCEPTABLE FOR REVIEW," the plans and specifications shall be assigned to an appropriately certified plans examiner for review which shall be completed within twenty-one (21) working days.
(J) The Department shall provide to the owner or owner's representative a written report of modifications required to comply with construction standards.
(K) If the owner or owner's representative does not agree to correct the deficiencies, he/she shall submit, in writing, to the Department the reasons for the objection. It shall be the right of the owner or owner's representative to appeal the decision of the Department through the provision of W.S. 35-9-121.1.(d)(ii), and in conformance with these rules and regulations.
(L) If a written report of modifications is issued, the owner or owner's representative shall submit two (2) sets of the revised plans and specifications for review and final Department approval.
(M) When the Department issues final acceptance, the plans and specifications shall be stamped "REVIEWED AND ACCEPTED". The accepted plans and specifications shall not be changed, modified, or altered without authorization of the Department, and all work shall be done in accordance with the accepted plans. A set of the plans and specifications shall be returned to the owner or owner's representative stamped "REVIEWED AND ACCEPTED", shall be kept at the site of work and shall be open to inspection.
(N) Stamped plans and specifications marked "REVIEWED AND ACCEPTED" is not authorization, allowance or approval of the violation of any applicable code, law, or rules and regulations.
(O) After acceptance by the Department, construction shall begin within 180 days.
(P) The Department may, in writing, suspend or revoke acceptance issued under the provisions of these rules and regulations when the acceptance was issued in error or on the basis of incomplete or inaccurate information.
(Q) Construction documents shall be submitted in accordance with Section 106 of the International Building Code ; Section 106.3.1 of the International Fuel Gas Code; 106.3.1 of the International Mechanical Code; 106.3.1 of the International Plumbing Code; and 105.4 of the International Fire Code. Separate drawings shall be prepared for each of the following branches of work: Architectural, Structural, Mechanical, and Electrical. The working drawings and specifications, in addition and as appropriate to the project, shall include or contain the following:
(1.) Site plan showing all new topography: newly established levels and grades; existing structures on the site (if any); new buildings and structures; roadways; walks; and the extent of areas to be landscaped. All structures and improvements that are to be removed under the construction contract shall be shown.
(2.) Plan of each floor and roof.
(3.) Elevations of each facade.
(4.) Sections through the building.
(5.) Elevators and dumbwaiters. Drawing delineating shaft details and dimensions, sizes of cab platform and doors, travel distances including elevation of landings, pit sizes, and machine rooms.
(6.) Kitchen, laundry, laboratories, special care areas, and similar areas shall be detailed at a scale to show the location, type, size, and connection of all fixed and movable equipment.
(7.) Scale details as necessary; scale details to one and one half inches to the foot may be necessary to properly indicate portions of the work.
(8.) Schedule of finishes.
(9.) List of applicable building codes
(10.) A separate life safety plan for each floor including smoke compartmentation, exit signage, fire extinguishers, fire alarm devices, pull stations, sprinklered areas, fire barriers, and corridor protection reflecting NFPA 101, Life Safety Code.
(1.) Plan of foundation, floors, roofs, and intermediate levels shall show a complete design with sizes, section, and the relative location of the various members, schedule of beams, girders, and columns,
(2.) Floor levels, column centers and offsets shall be dimensioned.
(3.) Special openings and pipe sleeves shall be dimensioned or otherwise noted for easy reference.
(4.) Details of all special connection, assemblies and expansion joints shall be given.
(5.) Notes on design data shall include the name of the governing building code, values of allowable unit stresses, assumed live loads, wind loads, earthquake load, and soil-bearing pressures.
(6.) For special structures, a stress sheet shall be incorporated in the drawings showing:
a. Outline of structure; b. All load assumptions used; c. Stresses and bending moments separately for each kind of loading; d. Maximum stress and/or bending moment for which each member is designed, when not readily apparent from the mechanical drawings; and e. Horizontal and vertical reaction at column bases.
(1.) Heating, cooling and ventilation plans including: a. Radiators, coils and steam heated equipment such as sterilizers, warmers and steam tables; b. Heating and steam mains and branches with pipe sizes; c. Diagram of heating and steam riser with pipe sizes;
with stokers and oil burners, if any; room accessories; water and refrigerant piping, and ducts; connection and piping; ventilating duct openings. d. Sizes, types and heating surface of boiler, furnaces e. Pumps, tanks, boiler breeching and piping and boiler f. Air conditioning systems with required equipment, g. Supply and exhaust ventilating systems with h. Air quantities for all room supply and exhaust
(2.) Plumbing, drainage and stand pipe systems plans including:
a. Size and elevation of: street sewer, house sewer, house drains, street water main and water service into the building; b. Location and size of soil, waste, and vent stacks with connection to house drain, clean outs, fixtures and equipment; c. Size and location of hot, cold and circulating mains, branches, and risers for the service entrance, and fixture connections; d. Gas, oxygen and similar piped system; e. Standpipe and sprinkler system; and f. All fixtures and equipment that require water and drain connections.
(IV) Electrical Drawings
(1.) Electrical service entrance with switches and feeders to the public service feeders, characteristics for the light and power current, transformers and their connection if located in the building.
(2.) Location of main switchboard, power panels, light panels and equipment. Feeder and conduit sizes shall be shown with schedule of feeder breaker or switches.
(3.) Light outlets, receptacles, switches, power outlets, and circuits.
(4.) Telephone layout showing service entrance, telephone switchboard, strip boxes, telephone outlets, branch conduits, and public telephones.
(5.) Nurse call systems with outlets for beds, duty stations, corridor signal lights, annunciators and wiring diagrams.
(6.) Fire alarm system with stations, signal devices, control board and wiring diagrams.
(7.) Emergency electrical system with outlets, transfer switch, source of supply, feeders and circuits.
(8.) All other electrically operated systems and equipment.
(iv) Special submittals.
(A) Fast-track projects. Fast-track projects shall have prior approval and be submitted in no more than four (4) separate packages which includes:
(I) Site work, foundation, structural, underslab mechanical, electrical, plumbing work, and related specifications.
(II) Complete architectural plans and specifications
(III) All mechanical, electrical, and plumbing plans and specifications.
(IV) Equipment and furnishings.
(B) Automatic sprinkler systems. At least two (2) sets of the sprinkler system shop drawings, specification and calculations prepared by the installer shall be submitted for review and approval prior to the installation.
(C) Radiation Protection. Any project that includes radiology or special imaging equipment used in medical diagnosis, treatment, and therapy of patients, shall include plans, specifications, and shielding criteria, prepared by a qualified medical physicist. The plans shall be submitted and approved prior to the installation of the equipment.
(v) Plans and specifications shall be reviewed by personnel who are certified pursuant to the applicable code. Personnel who perform plan reviews shall, as a minimum, be certified as follows;
(A) Building Plans Examiner - certified by the International Code Council.
(B) Mechanical Plans Examiner - certified by the International Code Council.
(C) Plumbing Plans Examiner - certified by the International Code Council.
(D) Fire Plans Examiner - certified by the National Fire Protection Association.
(b) Inspections.
(i) Inspections by the Department or the Department's authorized representative shall be performed during construction to observe progress of the construction and to verify compliance with codes and standards.
(A) It is the owner's or owner's representative's responsibility to notify the Department of Fire Prevention and Electrical Safety or the delegated municipality or county electrical inspection authority for electrical safety inspections and the Department when the construction has progressed to the stage of work before the interior framing is covered or concealed.
(B) Upon notification by the owner or the owner's representative, the Department or the Department's authorized representative shall perform the required inspections and observe tests.
(I) Section 109 of the 2003 edition of the International Building Code.
(II) Section 107 of the 2003 edition of the International Fuel Gas Code.
(III) Section 107 of the 2003 edition of the International Mechanical Code.
(IV) Section 107 of the 2003 edition of the International Plumbing Code.
(V) Section 106 of the 2003 edition of the International Fire Code.
(C) Records of inspections shall be retained by the owner and available for inspection by the Department. An inspection sign-off card shall be provided by the Department to be maintained at the construction site.
(D) Inspections shall be made by personnel who are certified pursuant to applicable code. Personnel who perform inspections shall, as a minimum, be certified as follows:
(I) Commercial Building Inspector - certified by the International Code Council.
(II) Commercial Mechanical Inspector - certified by the International Code Council.
(III) Commercial Plumbing Inspector - certified by the International Code Council.
(IV) Fire Inspector I - certified by the International Code Council.
(V) Fire Inspector I - certified by the National Fire Protection Association
(ii) Licensure Construction Survey
(A) Requests for final inspection for licensure at a mutually agreed upon date between the owner and the Department, shall be made in writing by the owner to the Department. Refusal by the Department to continue the survey for reasons of incompleteness, violations of the provisions of this Rule or inadequacy of the construction shall nullify the request for final inspection for licensure. The work shall be made to comply with these Rules, and the request for inspection may be repeated as required herein. The scheduled time by the Department for the inspection may be no less than 30 calendar days from the date the final inspection was nullified.
(B) Building System Certifications and Tests.
(I) The owner as requested shall submit to the Department test reports and certifications prior to the date of final inspection for licensure which includes, but are not limited to:
(1.) Medical gas systems (oxygen, vacuum, air) per the 2002 edition of NFPA 99, Standard for Health Care Facilities.
(2.) Fire sprinkler system per the 2002 edition of NFPA 13, Standard for Installation of Sprinkler Systems.
(3.) Fire detection and alarm systems per the 1999 edition of NFPA 72, National Fire Alarm Code.
(4.) Electrical systems as per the 2002 edition of NFPA 99, Standard for Health Care Facilities; 2002 edition of NFPA 110, Standard for Emergency and Standby Power Systems; and edition of NFPA 70, National Electrical Code as adopted by the Wyoming Electrical Board.
(5.) Fire retardant lumber.
(6.) Isolated power per the edition of NFPA 70, National Electrical Code as adopted by the Wyoming Electric Board and the 2002 edition of NFPA 99, Standard for Health Care Facilities.
(7.) Radiation protection, National Council on Radiation Protection Reports Nos. 33 and 49.
(8.) Drapery flame retardancy.
(9.) Cubicle curtain flame retardancy.
(10.) Vinyl wall covering flame spread rating.
(11.) Paneling flame spread rating. (12.) Folding door flame spread rating. (13.) Generator startup per the 2002 edition of NFPA 110, Standard for Emergency and Standby Power Systems. (14.) Carpet classification. (15.) Sanitization of domestic water piping systems. (16.) Ventilation balance report.
(C) If deficiencies are found as a result of the licensure construction survey, the Health Care Facility, as requested, shall submit a plan of correction for review and acceptance by the Department.
(D) Health Care Facilities shall not provide patient services in the construction, remodel, or expanded areas until authorized in writing by the Department.
(c) Technical Assistance. The owner or owner's representative may request technical assistance from the Department concerning the application of the codes, standards and regulations in these Rules.
(i) Design and Professional Services. Project design and professional architect services requirements, including consultants, are provided in the Rules and Regulations of the Wyoming State Board of Architects and Landscape Architects, Chapter XI, Section 2. (June 1992).
(d) Interpretations. Requests for interpretations of Section 5. Construction Design Requirements for Health Care Facilities may be submitted to the Department. The following resources will be used by the Department to provide a formal interpretation: Centers for Medicare and an Medicaid Services; National Fire Protection Association; International Code Council, Inc.; and The American Institute of Architects, Academy of Architecture for Health.
Section 7. Existing Building Licensure.
(a) Existing buildings, currently licensed, shall conform to Department construction rules in effect at the time of original facility licensure.
(i) Existing buildings which were previously licensed in the same licensure category, but for which the license has lapsed, shall be brought into compliance with the Department's construction rules in effect at the time of application for new license.
(A) Exceptions:
(I) Health Care Facilities for which the license has lapsed for not more than 10 years from the last date of operation and has maintained the building(s) to the Department's construction rules in effect on the date of last licensure over the period of the lapse. Any construction, remodel, or expansion during the period of licensure lapse shall meet the requirements of these rules for new construction without exception.
(ii) Additions, remodels, or changes of space use and service, shall conform to adopted codes, rules, and other standards in effect on the date the plans were approved by the Department.
(b) Ventilation for Existing Buildings
(i) Existing buildings, licensed as a nursing home or a hospital before May 29, 1991, shall be designed, constructed, equipped, maintained, and operated in compliance with the ventilation requirements that were in effect at the time the facility was licensed.
(ii) An existing building, not previously licensed as a nursing care facility or hospital, shall comply with the ventilation requirements for new construction.
(iii) Additions, remodels, or changes of space use and service, shall comply with the ventilation requirements for new construction.
(A) If changes of space use and service or the remodeling of a wing or building exceeds fifty percent (50%) of the total square foot area of the nursing care facility or hospital, the entire nursing care facility or hospital shall be brought into compliance with the adopted codes and rules governing new construction in effect on the date the plans were approved by the Department. This provision is not intended to apply to minor or cosmetic renovations, such as paint, wall covering, or floor covering.
Section 8. Electrical Safety.
(a) Electrical installations shall be in accordance with W.S. 35-9-119 including plan reviews and inspections.
Contact:
State of Wyoming
Department of Fire Prevention and Electrical Safety
Herschler Building, 1W, 122 West 25th Street
Cheyenne, WY 82002
Phone: (307) 777-7288
Section 9. Severability. If any portion of these rules is found to be invalid or unenforceable, the remainder shall continue in effect.