NAC449.129. Design, construction, equipment and maintenance.

     1. A facility must be designed, constructed, equipped and maintained in a manner that protects the health and safety of the clients and personnel of the facility and members of the general public.

     2. Each facility must comply with all currently adopted life safety, fire, Division, local building and zoning codes. If there is a difference between state and local codes, the more stringent standards apply.

     3. Facilities housing 17 or more clients must meet the requirements of the chapter entitled “New Hotels and Dormitories,” of the edition of NFPA 101: Life Safety Code, adopted by reference pursuant to NAC 449.0105. Those facilities housing not more than 16 clients must meet the requirements of the chapter entitled “Lodging or Rooming Houses,” of the edition of NFPA 101: Life Safety Code, adopted by reference pursuant to NAC 449.0105.

     4. A facility is deemed to be in compliance with the provisions of this section if:

     (a) The facility is licensed by May 30, 2001, and:

          (1) The use of the physical space in the facility is not changed; and

          (2) There are no deficiencies in the construction of the facility that are likely to cause serious injury, harm or impairment to the health and welfare of the public; or

     (b) Before May 30, 2001, the facility has submitted building plans to the entity designated to review such plans by the Division pursuant to the provisions of NAC 449.0115 and:

          (1) The Division determines that the plans comply with standards for construction in effect before May 30, 2001;

          (2) Construction of the facility is begun before February 1, 2002;

          (3) The facility is constructed in accordance with those standards; and

          (4) There are no deficiencies in the construction of the facility that are likely to cause serious injury, harm or impairment to the health and welfare of the public.

     [Bd. of Health, Alcohol and Drug Abuse Treatment Facilities part Art. 13, eff. 3-27-76]—(NAC A by R035-97, 10-30-97; R077-01, 10-18-2001; R073-04, 8-4-2004; R098-06, 7-14-2006)