Section 33-03-14-02 - Location of intermediate care facility for the developmentally disabled - Hazardous areas1. Intermediate care facilities for the developmentally disabled shall be located at least three hundred feet [91.44 meters] from hazardous areas such as bulk fuel or chemical storage areas, anhydrous ammonia facilities, or other fire hazards or sources of noxious or odoriferous emissions. 2. Intermediate care facilities for the developmentally disabled may not be located in areas subject to adverse environmental conditions such as mud slides, harmful air pollution, smoke or dust, sewage hazards, rodent or vermin infestations, excessive noise, vibration, or vehicular traffic. 3. Intermediate care facilities for the developmentally disabled may not be located in an area within the one hundred year base flood elevations unless: a. The facility is covered by flood insurance as required by 42 U.S.C. 4101; or b. The finished lowest floor elevation is above the one hundred year base flood elevation and the facility is free from significant adverse effects of the velocity of moving water or by wave impact during the one hundred year flood. N.D. Admin Code 33-03-14-02
Effective September 1, 1983.General Authority: NDCC 6-09.6-04
Law Implemented: NDCC 6-09.6-04