N.M. Admin. Code § 8.371.2.37

Current through Register Vol. 35, No. 24, December 23, 2024

Section 8.371.2.37 - BUILDING(S), GROUNDS, AND SAFETY REQUIREMENTS

A. Those programs which are located in a building which is licensed as a long term care facility or hospital must meet all the building requirements for that type facility as outlined in the following regulations:

(1) Requirements for General and Special Hospitals, New Mexico health care authority, 8.370.12 NMAC.

(2) Requirements for Long Term Care Facilities, New Mexico health care authority, 8.370.16 NMAC.

(3) Copies of these regulations may be requested from the licensing authority.

B.Capacity of building(s): All building requirements contained in these regulations are based on a maximum capacity of 15 clients. All facilities requesting licensure for more than 15 clients will have additional requirements according to the applicable building and fire codes. Due to the complexities of the building and fire codes these additional requirements will be outlined by the appropriate building and fire authorities, and by the licensing authority through plan review and on site surveys during the licensing process. Maximum capacity for any facility licensed after the effective date of revisions to these regulations is four clients. Exception: ICF/MR facilities may be licensed for a maximum capacity of six clients based upon a written plan that must be approved by the licensing authority prior to the facility's licensure. The plan must demonstrate the following:

(1) the anticipated facility service benefits to the client population;

(2) how the facility's services will promote, independence, active treatment and community supports;

(3) how the facility's services will address the needs and protections of the proposed clients.

C. Number of stories: All building requirements contained in these regulations are based on buildings of one story,which do not house clients above or below ground level. Buildings which are multi-storied or house clients below ground level shall have additional requirements which vary due to the complexities of the building and fire codes. These additional requirements will be outlined by the appropriate building and fire authorities and by the licensing authority through plan review and on-site surveys during the licensing process.

D. Additional requirements: A facility applying for licensure pursuant to these regulations may have additional requirements not contained herein. The complexity of building and fire codes and requirements of city, county, or municipal governments may require these additional requirements. Any additional requirement will be outlined by the appropriate building and fire authorities, and by the licensing authority through plan review, consultation and on-site surveys during the licensing process.

E. Access to the handicapped: All facilities licensed pursuant to these regulations must be accessible to and usable by handicapped employees, visitors and clients.

F. Prohibition on mobile homes: Trailers and mobile homes must not be used as any part of a facility in which services and care are given to clients.

G. Extent of a facility: All buildings on the premises providing client care and services shall be considered part of the facility and must meet all requirements of these regulations.

H. Individual living units may not be located within 150 feet of each other.

N.M. Admin. Code § 8.371.2.37

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024