Section R9-1-411. Scope and Applicability

A.      Codes and standards referenced elsewhere in this Title are listed in this Article for convenience in making periodic revi- sions as new editions become available. Before applying refer- enced codes and standards, the effective date shown at the end of the applicable regulation within this Article should be checked and the Department or the Secretary of State con- tacted to assure that the proper edition of the applicable regula- tion is being utilized.

B.       Other jurisdictions -- federal, county, city or other state agen- cies -- may have applicable requirements which may be addi- tional (such as local zoning ordinances, state and federal occupational safety and health standards) or more restrictive than the minimum requirements established by these rules and regulations (such as local building codes and county health standards).

It is the responsibility of the applicant or licensee, or his agent, to assure that he is in compliance with all such requirements.

C.      Where conflicts occur among the standards established in this Title, the following rules of construction shall apply:

1.        Standards specified in the narrative portions of the regu- lations shall govern over the standards adopted by refer- ence.

2.        If a conflict occurs among the standards adopted by refer- ence, the more restrictive standard shall govern over the less restrictive.

D.      Provisions in the structural codes and standards listed in R9-1- 412, relating to purpose, scope, enforcement, exceptions and other administrative matters shall be applied except that:

1.        Provisions specifying penalties are excluded from the provisions adopted as regulations.

2.        Provisions relating to buildings, structures or facilities subject to licensure by the Department existing at the time an applicable code is adopted, or at the time an exist- ing facility first becomes subject to such provisions, shall be administered in accordance with the following:

a.        Readily correctable deficiencies (those deficiencies posing a hazard which can be corrected to comply

soon as practicable and before the expiration of the institution’s then existing license or, if the Depart- ment determines additional time is needed, before the expiration of the next provisional license. The period of time for correction shall begin with the notification by the Department that a deficiency or deficiencies exist as a result of a code adopted by reference and that the deficiency, or each such defi- ciency, is determined by the Department to pose a hazard to the welfare of patients or employees of the facility. Following such notice the licensee shall meet a reasonable timetable for correction fixed by the Department which shall specify the periods for:

i.         Submission of a satisfactory written plan for correction of the deficiencies, if necessary.

ii.        Submission of preliminary drawings, if neces- sary.

iii.      Submission of working drawings, if necessary.

iv.      Completion of the modification or construction.

b.        Major deficiencies (those deficiencies posing a haz- ard which cannot be corrected to comply with a code adopted by reference within the maximum period allowable by subparagraph (2)(a)) shall be corrected within three years after being notified by the Depart- ment that a major deficiency or major deficiencies exist as a result of a code adopted by reference and that the deficiency or each such deficiency is deter- mined by the Department to pose a hazard to the welfare of patients or employees of the facility. Fol- lowing such notice the licensee shall meet a reason- able timetable for correction fixed by the Department. The time for completion of construc- tion shall not exceed three years and shall specify the periods for:

i.         Submission of a satisfactory written plan for correction of the deficiencies, if necessary.

ii.        Submission of preliminary drawings, if neces- sary.

iii.      Submission of working drawings, if necessary.

iv.      Completion of the modification or construction.

c.        If the plan for correction shows that the entire build- ing in which major deficiencies exist will be replaced with a newly-constructed building, the Department may allow up to two additional years for the completion of construction if it determines that maximum time period allowable under subpara- graph (2)(b) is insufficient.