Section 175-1-006 - CONSTRUCTION The applicant or licensee is responsible to ensure that the facility or service is designed, constructed and maintained in a manner that is safe and functional for the care and treatment provided. The applicant or licensee must comply with all current applicable Building, Plumbing, Electrical, Elevator, Boiler, Energy, Food, and Accessibility statutory codes and standards, and all new construction must be designed in accordance with the requirements in Neb. Rev. Stat. § 71-439 for the type of facility or service being designed. The applicant or licensee must:
(A) Ensure the facility or service is designed and completed in accordance with the Nebraska Architect and Engineers Act;(B) Submit the following to the Department, prior to the start of construction: (i) Project description documentation including the purpose and use of the area, street address, contact persons and anticipated completion date;(ii) Construction risk assessment (if the construction will take place in an area currently occupied or used by the consumer) outlining and identifying the plan to ensure the area is safe for the consumer during the construction process;(iii) Certification from a Nebraska licensed architect or engineer that the schematic plans, construction plans and any revisions thereof meet the regulatory requirements for that specific facility or service type; and(iv) Completion certificate containing the following:(1) Name, signature and license number of a Nebraska licensed architect or engineer;(2) Name and address of the facility or service;(3) Documentation of an inspection completed by qualified inspectors having jurisdiction;(4) Occupancy approval by the State Fire Marshal's office or delegated authority; and(5) Bed Capacity Worksheet, if applicable to the type of facility or service.006.01CONSTRUCTION WAIVER. A waiver of any physical plant requirement, other than those set by statute, may be requested, in writing, by the applicant or licensee pursuant to Neb. Rev. Stat. § 71-439.006.02WAIVER TERMS AND CONDITIONS. A construction waiver may be granted under the terms and conditions and for such period of time as are applicable and appropriate to the waiver. The terms, conditions and period of waiver may include but are not limited to:(A) Waivers that are granted to meet the special needs of a patient remain in effect as long as required by the patient; or(B) A limited period of time as determined by the Department.006.03APPLICATION. An applicant or licensee must submit a request for waiver of any construction or physical plant requirements set forth in 175 NAC on a form provided by the Department.175 Neb. Admin. Code, ch. 1, § 006
Adopted effective 3/12/2023