Okla. Admin. Code § 310:4-1-11

Current through Vol. 42, No. 6, December 2, 2024

Section 310:4-1-11 - Effectiveness of issued Certificates of Need

A Certificate of Need can only be issued to the person who applied for the Certificate. A Certificate of Need cannot be transferred in whole or part to another person. Any transfer of a Certificate of Need renders the certificate invalid.

(1) The process for reviewing a plan cannot exceed twelve (12) months from preliminary or initial plan submittal to the Department's approval. If the applicant's submitted plan does not satisfy requirements to receive approval within twelve (12) months, then the Certificate of Need is void. The review process is as follows:

(A) Preliminary plans and outline specifications must be submitted to the Department within six (6) months after approval of a Certificate of Need. The plans and specifications must include sufficient information to establish the following:

(i) scope of project;

(ii) project location;

(iii) required fire-safety and exiting criteria;

(iv) building-construction type, compartmentation showing fire and smoke barriers, bed count and services; and

(v) the assignment of all spaces, areas, and rooms for each floor level, including the basement.

(B) A proposed construction document must be submitted and include final drawings and specifications adequate for proposed contract purposes. All final plans and specifications must be appropriately sealed and signed by an architect registered by the State of Oklahoma. All construction modifications of approved documents are subject to review and approval, and must be submitted timely.

(C) All construction project submittals must be reviewed and approved or disapproved within 30 calendar days after receipt by the Department.

(2) Commencement of construction for a new or relocated facility, or for an addition to an existing facility, is evidenced by the following:

(A) a building permit, if one is required by local government;

(B) proof of excavations for foundations, footings or pilings; and

(C) proof of an incurred financial obligation in the form of an invoice for the excavation work, dated not later than the required construction start date.

(3) For a new or relocated facility, the Department and applicant or applicant's representative, will visit the new or relocated facility site together. The applicant shall agree to be present or represented at the visit.

(4) For a construction project that does not involve the addition of space, the start of construction is demonstrated with a building permit, if one is required locally, and an invoice for construction work done at the facility.

(5) Completion of a facility structure or modification must include at least the completion of exterior walls, all interior load-bearing members, and the facility roof. The Department will visit the facility site within fifteen (15) working days after receiving a written request from the applicant to confirm the completion of the structure.

Okla. Admin. Code § 310:4-1-11

Amended at 14 Ok Reg 2247, eff 6-12-97; Amended at 19 Ok Reg 2042, eff 6-27-02; Amended at 20 Ok Reg 2352, eff 7-11-03

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021