NAC449.9843. Compliance with certain standards, laws, ordinances and codes; submission and approval of building plans; prerequisites to approval of center for licensure.

     1. An ambulatory surgical center shall comply with the provisions of NFPA 99: Standard for Health Care Facilities concerning medical gases, adopted by reference pursuant to NAC 449.0105, and the provisions of NFPA 101: Life Safety Code, adopted by reference pursuant to NAC 449.0105.

     2. Any new construction, remodeling or change in the use of an ambulatory surgical center must comply with the Guidelines for Design and Construction of Hospital and Health Care Facilities, adopted by reference pursuant to NAC 449.0105, unless the remodeling is limited to refurbishing an area within the center, including, without limitation, painting the area, replacing flooring in the area, repairing windows in the area and replacing window or wall coverings in the area.

     3. An ambulatory surgical center shall be deemed to be in compliance with the provisions of subsection 2 and subsection 2 of NAC 449.983 if:

     (a) The center is licensed on February 1, 1999, the use of the physical space in the center is not changed and there are no deficiencies in the construction of the center that are likely to cause serious injury, harm or impairment to the public health and welfare; or

     (b) The center has submitted building plans to the Bureau before February 1, 1999, and:

          (1) The Bureau determines that the plans comply with standards for construction in effect before December 11, 1998;

          (2) The center is constructed in accordance with those standards;

          (3) Construction of the center is begun before August 1, 1999; and

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

     4. An ambulatory surgical center shall comply with all applicable:

     (a) Federal and state laws;

     (b) Local ordinances, including, without limitation, zoning ordinances; and

     (c) Life safety, environmental, health, fire and local building codes.

Ê If there is a difference between state and local requirements, the more stringent requirements apply.

     5. An ambulatory surgical center shall submit building plans for new construction or remodeling to the entity designated to review such plans by the Division pursuant to NAC 449.0115. The entity’s review of those plans is advisory only and does not constitute approval for the licensing of the center. Before the construction or remodeling may begin, the plans for the construction or remodeling must be approved by the Division. The Bureau shall not approve a center for licensure until all construction is completed and a survey is conducted at the site of the center.

     (Added to NAC by Bd. of Health by R049-99, eff. 9-27-99; A by R076-01, 10-18-2001; R077-04, 8-5-2004)