S.C. Code Regs. § § 61-103.A

Current through Register Vol. 48, 12, December 27, 2024

Section 61-103.A - Definitions and Interpretations

(1) Definitions: For the purpose of these Standards, the following definitions shall apply:

(a) Attic: The term "attic" shall mean the space between the finished ceiling of the top habitable story and roof sheathing or decking.

(b) Automatic Sprinkler System: The term "automatic sprinkler system" shall mean an arrangement of piping and sprinklers to discharge water upon a fire. This system shall be designed to operate automatically by the heat of fire.

(c) Basement: The term "basement" shall mean that portion of the building partly underground but having less than half of its clear height above the average grade of the adjoining ground.

(d) Child/Adolescent: An individual who is at least 1 year of age but not more than 18 years of age.

(e) Department: The South Carolina Department of Health and Environmental Control.

(f) Dietician: A person who is eligible for registration by the American Dietetic Association under its requirements in effect January 17, 1974, or has a baccalaureate degree with major studies in food and nutrition, dietetics or food service management, has one year supervisory experience in dietetic services and participates annually in continuing dietetic education.

(g) Existing Facilities: An "existing facility" is one which was in operation and/or one which began the construction or renovation of a building, for the purpose of operating the facility, prior to the adoption of these Standards. The Licensing Standards governing new facilities apply if and when an existing facility is not continuously operated and licensed under these Standards.

(h) Exit: The term "exit" shall mean the interior or exterior doorways, together with connecting corridors, stairways and fire escapes.

These shall be designed to provide safe egress from any area of the building to an area of safety.

(i) Fire-Resistance Rating: The term "fire-resistance rating" shall mean the time, hours or fractions thereof, that materials or their assemblies will resist fire exposure as determined by fire tests conducted in compliance with recognized standards.

(j) First Floor: The term "first floor" shall be that story which is of such height above grade that it does not come within the definition of a basement, or it shall be that story located immediately above a basement.

(k) Licensee: The "licensee" is the individual signing the license application on whom rests or who assumes the primary responsibility for complying with approved Standards for the facility.

(l) Multi-Story: For purposes of these Standards, the term "multi-story" shall mean more than one story.

(m) New Facilities: A "new facility" is one which is constructed for the purpose of operating as a Residential Treatment Facility for Children and Adolescents after promulgation of these regulations.

(n) Resident: Any individual who has been admitted for treatment in a Residential Treatment Facility.

(o) Residential Treatment Facility for Children and Adolescents: A facility operated for the assessment, diagnosis, treatment, and care of two or more children and/or adolescents in need of mental health treatment which provides:

(1) a special education program with a minimum program defined by the South Carolina Department of Education (DOE);

(2) recreational facilities with an organized youth development program; and

(3) residential treatment for a child or adolescent in need of mental health treatment.

(p) Story: The term "story" shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above. For the purpose of these Standards, this definition does not apply to basements.

(2) Interpretations:

(a) This regulation does not apply to facilities appropriately licensed by the State Department of Social Services. Such facilities may provide assessment, treatment and care for children and adolescents under the supervision of a mental health professional. Assessment, treatment and care at these facilities have the following characteristics:

(1) Physician input is on a less than regular basis (usually at the request of a non-physician);

(2) Mental health workers may be employed to enhance the therapeutic environment;

(3) Emphasis is placed on the milieu as a protective and nurturing environment.

If there is a question about the applicability of these regulations to a specific facility, representatives of the facility, Department of Social Services and Department of Health and Environmental Control will meet to review the pertinent issues. After review and consideration of the information provided, the Department of Health and Environmental Control will determine if these regulations apply to that facility. This determination is subject to hearings and appeals in accordance with the Administrative Procedures Act.

(b) License: A license is issued by the Department pursuant to these Licensing Standards and shall be posted in a conspicuous place in a public lobby or waiting room. The issuance of a license does not guarantee adequacy of individual care, treatment, personal safety, fire safety, or the well-being of any occupant of a facility. A license is not assignable or transferable and is subject to revocation at any time by the Department for failure to comply with the Laws of the State of South Carolina and regulations promulgated thereunder.

(c) Effective Date and Term of License: A license shall be effective for a 12-month period following the date of issue and shall expire one year following such date; however, a facility which has not been inspected during that year may continue to operate under its existing license until an inspection is made.

(d) Separate Licenses: Separate licenses are required for facilities maintained on separate premises even though they are operated by the same management. Separate licenses are not required for separate buildings on the same or adjoining grounds where a single level or type of care is provided.

(e) Inspections: All facilities to which these requirements apply shall be subject to inspection at any time by properly identified personnel of the Department.

(f) Compliance: An initial license will not be issued to a facility not previously and continuously licensed under these Standards until the licensee has demonstrated that the facility is in substantial compliance with the Licensing Standards set forth hereinafter.

(g) Noncompliance: When noncompliances with the Licensing Standards are detected, the licensee will be notified of the violations and at the same time instructed, or requested to provide information, as to when such items will be corrected.

(h) Exceptions to Licensing Standards: The Department reserves the right to make exceptions to these Standards where it is determined that the health and welfare of the community requires the services of the facility and that the exception, as granted, will have no significant impact on the safety, security or welfare of the facility's occupants.

(3) Penalties: As provided in Section 44-7-320 of the Code, the Department may deny, suspend, or revoke licenses or assess a monetary penalty for violations of provisions of law or departmental regulations.

The Department shall exercise discretion in arriving at its decision to take any of these actions. The Department will consider the following factors: specific conditions and their impact or potential impact on health, safety or welfare; efforts by the facility to correct; overall conditions; history of compliance; any other pertinent conditions. The notations, "(I)" or "(II)", placed within sections of this regulation, indicate those standards whose failure to meet are considered Class I or II violations, respectively. Failure to meet standards not so annotated are considered Class III violations. If a decision is made to assess monetary penalties, the following schedule will be used as a guide to determine the dollar amount.

Frequency of violation of standard within a 24-month period	MONETARY PENALTY RANGES
	Class II	Class II	Class III
1st	$ 200-1000	$ 100-500	0
2nd	500-2000	200-1000	100-500
3rd	1000-5000	500-2000	200-1000
4th	5000	1000-5000	500-2000
5th	5000	5000	1000-5000
6th and more	5000	5000	5000

S.C. Code Regs. § 61-103.A