The Oregon Administrative Rules contain OARs filed through January 15, 2010

DEPARTMENT OF HUMAN SERVICES,
PUBLIC HEALTH DIVISION

333-675-0000

Submission of Project Plans and Specifications for Review

(1) Any person proposing to make certain alterations or additions to an existing health care or residential care facility, or to construct new facili-ties must, before commencing such alteration, addition or new construction, submit plans and specifications to Department of Human Services, Health Services, Facilities Planning and Safety, 3420 Cherry Ave. NE, Suite #110, Keizer, OR 97303 for plans approval or recom-menda-tions with respect to com-pliance with rules authorized by ORS 441.055, 443.420 and for compliance to National Fire Protection Association stand-ards when the facility is also to be Medicare or Medicaid certified.

(2) Project plans and specifications must be submitted for review and approval to Facilities Planning and Safety when the project conforms to one or more of the following criteria:

(a) When a new structure or addition to an existing structure is proposed, regardless of cost;

(b) When alterations to a building wing or service area, or a mechanical or electrical system serving it, exceeds either 25 percent of equiva-lent replacement cost, $50,000 for a hospital project, or $25,000 for a nursing home or residen-tial care project;

(c) When a clinically related health or ancillary service, or dietary or laundry service is to be initiated or relo-cated within the facility; or when significant changes in the use of rooms or corridors within such areas will occur, regardless of cost;

(d) When a project involves the correction of licensure or fire and life safety code deficien-cies issued by Health Services, Seniors and People with Disabilities or Office of the State Fire Marshal. Plans shall be submitted to Facilities Planning and Safety prior to making proposed corrections; or

(e) When an existing building is to be converted for first time use as a licensed facility or changed in its usage from one licensure category to another having differing physical requirements.

(3) Waivers of review: Facilities Planning and Safety may waive review of construction plans, and all or part of the review fee, despite criteria of section (2), when rules do not exist for the project type planned; the facilities will be temporary or mobile; or plans have previously been approved for an identical or similar facility. For projects similar or identical to prior approved projects, the review fee may be reduced up to 50 percent of the normal fee.

(4) Schematic Plans Submission and Project Design Conference:

(a) Schematic plans must be submitted to Facilities Planning and Safety for review and approval prior to the production of construction documents when one or more of the following conditions apply:

(A) A new licensed facility is proposed;

(B) A new health program, not previously offered, is proposed;

(C) Renovations to an existing licensed facility exceeds $500,000 for hospitals or $150,000 for nursing homes or residential care facilities;

(D) An existing unlicensed facility is to be converted for a licensable use or an existing licensed facility is to be converted from one classification of licensed facility to another. Facilities Planning and Safety may conduct an onsite investigation of existing buildings as a part of this review.

(b) Schematic plans submissions must include one copy of the following items, as applicable to the project. Review of the submission will not begin until the required items are received by Facilities Planning and Safety;

(A) Plans Review Input Form PR-1 and a review fee of 1/3 the amount required by OAR 333-675-0050, Table 1;

(B) Functional Program as required by OAR 333-675-0000(6);

(C) Scale drawings, including:

(i) Drawing title showing the name and address of the Oregon licensed architect or engineer, when the project will require an architect or engineer's stamp according to ORS 671.030;

(ii) Site plan, if applicable, showing the location of the building on the site, main roadway and sidewalk approaches, accessibility parking and any major features or restrictions affecting construction;

(iii) Floor plan(s) showing the intended title or use of each room area, plumbing fixtures, doors, windows and exits. For patient or resident bedrooms or apartments, include proposed furnishings and equipment locations with intended licensed capacity for each room and apartment type for patient treatment areas;

(iv) Fire and Life Safety plan of entire floor(s) with project area(s) identified, including building code, occupancy classifications, construction type(s), locations and ratings of smoke barriers, fire walls and other significant structural features affecting compliance to the required codes;

(v) Phasing plan, if applicable; or

(vi) Other drawings, as required, to explain the project.

(D) Infection Control Risk Assessment as required by OAR 333-535-0035.

(c) Project Design Conference: A project design conference must be scheduled when schematic plans are submitted according to subsection (4)(a) of this rule. The conference will be attended by Facilities Planning and Safety staff and the project architect or engineer. Other attendees may include, but not be limited to, the owner's representative, staff from the licensing agency having authority, representatives from the Building Code agency having jurisdiction, Office of the State Fire Marshal representative, and other interested parties, as arranged by project sponsor;

(d) Waiver of Schematic Plans Submission or Design Conference: Facilities Planning and Safety may waive in writing schematic design review or the design conference when determined appropriate.

(5) Construction Document Submission:

(a) Finalized construction drawings and specifications must be submitted for review and approval prior to the initiation of related construc-tion. Such submis-sion must be accompanied by payment of the review fee outlined in OAR 333-675-0050, Table 1 and a completed PR-1 submission form.

(b) Construction documents submissions must include the following, a applicable to the project:

(A) Scale drawings, including the following:

(i) Detailed site plan and civil drawings if applicable;

(ii) Complete architectural plans including floor plans, equipment plans, ceiling plans, elevations, details, door and room finish schedules;

(iii) Complete mechanical, plumbing and electrical drawings, low voltage drawings, information system drawings, nurse call system, security and alarm drawings;

(iv) Fire and Life Safety drawings and information per subsection (4)(b)(C)(iv)of this rule, and rated wall and ceiling assembly details, door rating schedules, fire stopping details, and other details necessary to describe the Fire and Life Safety plan ; and

(v) Other drawings necessary to complete the project.

(B) Project specifications;

(C) Infection Control Risk assessment as required by OAR 333-535-0035, if not previously submitted;

(D) Functional Program as defined in OAR 333-675-0000(6), if not previously submitted;

(E) In addition to drawings, electronic files of project drawings, for purposes of read only, must be submitted when available;

(c) Number of Submissions; Project sponsors must contact Facilities Planning and Safety regarding the number of plans required to be submitted, which may vary.

(d) When the project involves fast track design and construction methods, design build contracts, or other alternatives which do not allow for submission of full contract documents at the same time, Facilities Planning and Safety may allow for such irregularities; but it is the responsibility of the project sponsor to seek approval of such submission methods prior to plans approval or the start of construction.

(6) Functional Program Requirements, as applicable to the project: The project sponsor must supply for each project a brief written narrative functional program for the facility that describes the following items:

(a) The purpose of the project;

(b) Department relationships and flow of patients, staff, visitors and supplies;

(c) Size and function of each space;

(d) Description of those services necessary for the complete operation of the facility;

(e) Special design feature(s);

(f) Occupant load, numbers of staff, patients or residents, visitors and venders;

(g) Issue of privacy/confidentiality for patient or resident;

(h) For hospitals, in treatment areas, describe;

(A) Types of procedures;

(B) Design considerations for equipment; and

(C) Requirements where the circulation patterns are a function of asepsis control

(i) For Ambulatory Surgery facilities, describe;

(A) Level of medical gas system per NFPA 99; and

(B) Type of central electrical system.

(7) Plans of corrections: Project sponsors must submit written response to deficiencies identified in con-struction document reviews, indicating method(s) being used for their correction. When Facilities Planning and Safety determines that a satisfactory response has been received, including revised drawings as appropriate, a Notice of Construction Plans Approval will be issued by Facilities Planning and Safety.

(8) Major Project Changes: Revised plans and specifications for major project changes must be submitted for review and approval prior to initiation of related work when changes significantly affect the:

(a) Arrangement or use of rooms in clinically related areas;

(b) Provision of mechanical and electrical systems shown on plans; or

(c) Major additions or reductions to the project area or bed capacity.

(9) Time period for reviews: Facilities Planning and Safety will issue plan review comments to project sponsors within 15 working days of receipt of plans and the appropriate review fee. When circumstances do not allow for review to be completed within this time period, Facilities Planning and Safety will inform the project sponsor of the approxi-mate date such review will be completed.

[ED. NOTE: Forms & Tables referenced are available from the agency.]

Stat. Auth.: ORS 441, 442
Stats. Implemented: ORS 441, 442
Hist.: HD 13-1994, f. & cert. ef. 4-22-94; PH 6-2004, f. & cert. ef. 3-11-04

333-675-0010 [Renumbered to 333-675-0050]

333-675-0020

Required Notification and Surveys Prior to Taking Occupancy

(1) Notification by the project architect or sponsor prior to taking occupancy of areas which have received major alter-ations or which involve new construction must be made to Facilities Planning and Safety by filing a "Project Substantial Completion Notice" at least three weeks in advance. A "Project Substantial Completion Notice" form is sent to the project architect with the "Notice of Construction Plans Approval." Facilities Planning and Safety staff will conduct an onsite inspection of projects in conjunction with licensure staff or unilaterally. When deficiencies or incomplete items are found, the architect, engineer and project sponsor will be notified of such issues within 3 working days following the inspection. When deficiencies are corrected, a Notice of Project Approval must be issued by Facilities Planning and Safety prior to occupancy or use by patients or residents.

(2) Project sponsors or their consultants shall make the following available prior to or as part of a final project inspection, as applicable to the project:

(a) Certificate of Occupancy from the Building Code agency having jurisdiction;

(b) For hospitals and nursing homes, medical gas systems documentation of independent testing and approval and documentation that all brazing is completed by certified personnel when these systems are included;

(c) For hospitals and nursing homes, one copy of the heating, ventilation and air conditioning balancing report, showing both design and final supply, exhaust quantities, resulting pressure gradient and design engineers verification that all systems comply with licensing ventilation requirements;

(d) Other documentation, as may be requested by Facilities Planning and Safety, to confirm compliance with rules and/or applicable codes.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 441, 442
Stats. Implemented: ORS 441, 442
Hist.: HD 13-1994, f. & cert. ef. 4-22-94; PH 6-2004, f. & cert. ef. 3-11-04

333-675-0030

When Plans Are Not Submitted as Required

When a project is implemented which required prior submis-sion of plans with OAR 333-675-0000, but such plans were not sub-mitted, Facilities Planning and Safety will, upon learning of the project, require sub-mission of plans and the applicable review fee, and initiate on-site inspection of any completed construction in cooperation with the applicable licensure program staff, or Office of the State Fire Marshal. When a project area has been occupied without a plans approval or a final inspection, the applicable licensure and certification program will be notified.

Stat. Auth.: ORS 441, 442
Stats. Implemented: ORS 441, 442
Hist.: HD 13-1994, f. & cert. ef. 4-22-94; PH 6-2004, f. & cert. ef. 3-11-04

333-675-0040

Optional Reviews

(1) When a project sponsor is not required by rule to file plans and specifications, but wishes to do so to reduce risk of noncompliance with licensure or fire and life safety standards, the project sponsor may obtain such review by submitting Form PR-1 and a review fee according to Table 1 of OAR 333-675-0050.

(2) When a party proposing construction of a residential care facility wishes to also obtain review of the project for conformance to nursing home standards, both reviews may be obtained by paying the review fee for health care facilities according to OAR 333-675-0050, Table 1.

[ED. NOTE: Tables and Forms referenced are available from the agency.]

Stat. Auth.: ORS 441, 442
Stats. Implemented: ORS 441, 442
Hist.: HD 13-1994, f. & cert. ef. 4-22-94; PH 6-2004, f. & cert. ef. 3-11-04

333-675-0050

Construction Project Review Fees

(1) The Public Health Division sets application fees for certificates of need (checks shall be payable to the Public Health Division).

(2) The application fees shall not be waived, except in the case of projects which are intended to predominantly serve medically indigent persons provided that such projects are eligible for abbreviated review under OAR 333-560-0010(1).

(3) Application fees shall not be refundable after the application is considered complete by the Division, except as provided under subsection (6)(b) of this rule.

(4) The application fee for projects shall be in accordance with the fee schedule contained in Table 4.

(5) An applicant who has submitted an application which was withdrawn before being declared complete may receive a refund of 90 percent of the application fee, less any legal fees incurred by the Division in review of the application or its letter of intent, provided that the applicant makes a written request for return of the fee. However, incomplete applications which are not completed within one year of their initial submission shall not be eligible for any refund of the fee.

(6) If the total project costs reported upon completion of the project under OAR 333-575-0000(8) differ by more than 10 percent from the costs projected in the initial application, the Division will:

(a) Order the applicant to pay an additional fee, if the actual costs upon completion would have required a higher fee under section (4) of this rule; or

(b) Make a refund to the applicant, if the actual costs upon completion would have resulted in a lower fee than that which was paid at the start of the review.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 431.120(6) & 442.315
Stats. Implemented: ORS 431.120(6) & 442.315
Hist.: HD 13-1994, f. & cert. ef. 4-22-94; PH 6-2004, f. & cert. ef. 3-11-04, Renumbered from 333-675-0010; PH 20-2008, f. 12-17-08, cert. ef. 1-1-09

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