6 Colo. Code Regs. § 1011-1 Chapter 02 Part 3

Current through Register Vol. 47, No. 11, June 10, 2024

Part 3 - GENERAL BUILDING AND FIRE SAFETY PROVISIONS

3.1 In the event that discrepancies between this Chapter 2 and other facility or agency specific regulations within 6 CCR 1011-1 concerning FGI Guidelines compliance exist, the facility or agency specific regulation shall apply.

3.2Physical Plant Standards

3.2.1 Each facility or agency shall be in compliance with all applicable local zoning, housing, fire, and sanitary codes and ordinances of the city, city and county, or county where it is situated, to the extent that such codes and ordinances are consistent with federal law.

3.2.2 All physical locations of a facility or agency shall be constructed in conformity with the standards adopted by the Director of the Division of Fire Prevention and Control (DFPC) at the Colorado Department of Public Safety, as applicable.

(A) An applicant or licensee that is subject to fire prevention and life safety code requirements shall not provide services in areas subject to plan review, except as approved by DFPC.

3.2.3 For any construction or renovations of a facility or agency initiated on or after July 1, 2020, the following requirements of the 2018 Editions, Facilities Guidelines Institute (FGI) including any errata and guideline interpretations adopted as of November 1, 2019, are incorporated by reference, as applicable to facility or agency license type:

(A) for hospitals, including but not limited to General Hospitals, Psychiatric Hospitals, Rehabilitation Centers, Freestanding Emergency Departments, and Hospital Units: Guidelines for Design and Construction of Hospitals;

(B) for outpatient facilities, including but not limited to Ambulatory Surgery Centers, Behavioral Health Entities, Community Clinics, Community Clinics providing Emergency Services, Dialysis Treatment Clinics, and Birth Centers: Guidelines for Design and Construction of Outpatient Facilities; and

(C) for residential facilities, including but not limited to Assisted Living Residences, Behavioral Health Entities, Facilities for Persons with Developmental Disabilities, Nursing Care Facilities, and Hospice care: Guidelines for Design and Construction of Residential Health, Care, and Support Facilities.

3.2.4 Facilities and agencies are expected to maintain the facility to the FGI Guidelines under which the Department approved the facility's or agency's initial license until such time as a new guideline compliance review occurs as required by this Part 3.

3.3Guideline Compliance Review

3.3.1 A guideline compliance review is required by the following:

(A) Addition to a facility or agency, as defined in Part 1.2 of these rules.

(B) New construction of a facility or agency, as defined at Part 1.46 of these rules.

(C) A renovation of a licensed facility or agency, as defined at Part 1.52 of these rules.

(D) A guideline compliance review is not needed for minor alterations, as defined at Part 1.43 of these rules.

3.3.2 Design documents for guideline compliance review by the Department shall be submitted at the time that the facility or agency applies for the building permits from the local authority.

(A) In the event that a building permit is not required, the design documents shall be submitted to the Department for guideline compliance review prior to the start of construction or renovation.

(B) Submittal of the design documents shall be made by the guideline compliance review representative.

(C) Design documents submitted to the Department for review shall be signed by the responsible design professional.

(D) Design documents shall be coordinated and the scale of drawings submitted shall be consistent for all disciplines.

(1) In the event that the design documents previously submitted to the Department for guideline compliance review cease to be current, the responsible design professional shall submit updated design documents to the Department.

(2) Phased submittals of design documents may be submitted for approval upon the discretion of the Department.

3.3.3 The compliance guideline review is completed at the time the initial license is issued or when the department has notified the responsible design professional that there are no outstanding issues.

(A) The compliance guideline review shall be completed by the Department prior to renovations to an existing facility or agency are undertaken.

3.4Requests for Waivers of FGI Guidelines

3.4.1 Requests for waivers of FGI Guidelines shall be submitted to the Department on the form and in the manner required by the Department.

(A) The Department will accept and review waiver requests related to FGI Guidelines prior to the submittal of a license application.

(B) Any consideration of a waiver from the FGI Guidelines will be based on design documents submitted at the time of the waiver request. If the design documents are changed, a new waiver request must be submitted.

(C) In the event that the FGI Guidelines are in conflict with Centers for Medicare and Medicaid Services (CMS) requirements for facilities or agencies that are seeking or are subject to certification, the CMS requirements will apply and no waiver is necessary.

3.5 Failure to commence construction within twelve (12) months of approval by the Department, or a period of construction inactivity exceeding twelve (12) months following commencement of construction, will result in termination of the Department's approval of the project. Resubmission of the design documents for review by the Department will be required if the project is restarted.

3.6 No approval of, or failure to review design documents by the Department shall relieve the owner, developer, designing architect, or engineer of their respective responsibilities for compliance with applicable laws, rules, or codes respecting fire prevention, fire protection, building construction safety, and the FGI Guidelines.

6 CCR 1011-1 Chapter 02 Part 3