W. Va. Code R. § 64-12-5

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-12-5 - Physical Facilities, Equipment, and Related Items
5.1. General Requirements.
5.1.1. The provisions of this section shall apply to all hospitals. If the Director determines that changes necessary for compliance with this rule would create undue hardship for hospitals in existence at the time this rule becomes effective, the hospital may be governed by rules that were in effect at the time of the hospital or an addition or renovation was completed.
5.1.2. The following documents are adopted as construction, equipment, physical facility, and related procedural standards for all existing hospitals, all new construction and any additions, alterations, renovations, or conversions of existing buildings:
5.1.2.a. The relevant sections of the 2022 edition of The Guidelines for Design and Construction of Hospitals and Outpatient Facilities as recognized by the American Institute of Architects Academy of Architecture for Health with assistance from the United States Department of Health and Human Services shall be used as planning standards;
5.1.2.b. The National Fire Protection Association codes and standards relevant to Health Care Facilities including the National Electric Code and the 2012 edition of N.F.P.A. 99 Standard for Health Care Facilities adopted by the Centers for Medicare and Medicaid Services; and
5.1.2.c. Applicable rules of the State Fire Commission including the State Building Code. When standards of this rule exceed requirements of the State Fire Commission including the State Building Code, this rule takes precedence.
5.1.3. The hospital shall comply with the guidelines set forth in the Americans With Disabilities Act, 42 U.S.C. §12101et seq.
5.1.4. Door widths of all patient rooms, delivery rooms, and any rooms where entrance of an assembled bed may be required shall be at least three feet, eight inches.
5.1.5. No door shall open into the corridor except those on rooms used for janitorial purposes or toilet room doors. Bathroom doors shall open outward into patient rooms.
5.1.6. Corridors, stairways, and elevators shall be of a width and design that shall easily accommodate the removal of patients in a bed, including beds with traction equipment, and shall be constructed and maintained in compliance with all safety regulations and requirements. Use of these areas for purposes other than for which they were originally designed shall not be permitted at any time.
5.1.7. Handrails shall be installed in all corridors and adjacent to ramps, inclines, and passageways used by patients in an extended care unit operated in conjunction with a hospital or in any hospital or hospital unit specializing in chronic or convalescent care.
5.1.8. Screens shall be provided for all exterior openings that are left open for extended periods. Where provided, screen doors shall open outward and shall be self-closing.
5.1.9. Operable windows shall have screens and safety design features.
5.1.10. The hospital shall have a system in place to ensure routine biomedical equipment checks and maintenance for all applicable medical equipment.
5.2. Site Selection.
5.2.1. The site of any hospital shall, except in circumstances approved by the Director, be located in relation to the center of population, close to where patients live, where competent medical and surgical consultation is readily available and where employees can be recruited and retained. There shall be good drainage, electricity, telephone, public transportation, and other necessary facilities available on or near the site.
5.2.2. Local building codes and zoning restrictions shall be observed. Information as to zoning restrictions is available from local authorities. Where local codes or regulations permit lower standards than required by this rule, the standards contained in this rule take precedence.
5.2.3. Site conditions shall comply with the relevant sections of the 2014 edition of The Guidelines for Design and Construction of Hospitals and Outpatient Facilities as recognized by the American Institute of Architects Academy of Architecture for Health.
5.2.4. The hospital shall request, in writing, an inspection of a proposed hospital site and obtain approval for construction from the Director before beginning construction.
5.3. New Construction.
5.3.1. Hospitals constructed subsequent to the effective date of this rule shall comply with the General and Psychiatric Hospital sections, as applicable, of the 2022 edition of Guidelines for Construction and Equipment of Hospital and Medical Facilities.
5.3.2. The hospital shall submit to the Director for review, complete construction drawings and specifications for any hospital construction project which alters a floor plan, impacts life safety or requires approval under W. Va. Code §16-2D-1, et seq., prior to beginning work on the project. An architect, engineer, or both registered to practice in West Virginia, shall prepare and sign the drawings and specifications including architectural, life safety, structural, mechanical, and electrical drawings and specifications.
5.4. Additions and Renovations.
5.4.1. Additions and renovations or alterations of any hospital which are begun after the effective date of this rule shall comply with the General and Psychiatric Hospital sections, as applicable, of the 2022 edition of Guidelines for Design and Construction of Hospitals and Health Care Facilities.
5.4.2. Prior to starting any renovations, the facility shall complete an infection control and safety risk assessment and shall develop a plan to control exposure of patients, employees, and the public. This plan shall be implemented during construction phases.
5.4.3. Minor renovations that do not alter floor plans or impact life safety or require approval under W. Va. Code §16-20-1, et seq., may not require approval from the Office of Health Facility Licensure and Certification or the services of an architect.
5.4.4. The hospital shall submit to the Director for review, complete construction drawings and specifications for any hospital construction project which alters a floor plan, impacts life safety or requires approval under W. Va. Code §16-2D-1, et seq., prior to beginning work on the project. An architect, engineer, or both, registered to practice in West Virginia, shall prepare and sign the drawings and specifications including architectural, life safety, structural, mechanical, and electrical drawings and specifications. Minor renovations which alter floor plans may not require the services of an architect and a full set of drawings. However, an actual as built drawing is required for the specific area to be renovated. The approval of minor renovations will be determined by the Secretary.
5.4.5. Any existing building, or portions of that building converted for use as a hospital shall comply with section 5 of this rule whether in use as a hospital, as of the effective date of this rule.

W. Va. Code R. § 64-12-5