Minimum construction standards for hospitals, 51.50
ARC 3918C
INSPECTIONS AND APPEALS DEPARTMENT[481]
Notice of Intended Action
Proposing rule making related to minimum construction standards for hospitals and providing an opportunity for public comment
The Inspections and Appeals Department hereby proposes to amend Chapter 51, "Hospitals," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is proposed under the authority provided in Iowa Code sections 10A.104(5) and 135B.7.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code sections 10A.104(5) and 135B.7.
Purpose and Summary
The proposed amendment adopts by reference the 2018 Guidelines for Design and Construction of Hospitals provided by the Facility Guidelines Institute as the minimum construction standards for hospitals and off-site premises licensed under Iowa Code chapter 135B.
The proposed amendment was approved by the Hospital Licensing Board at its June 21, 2018, meeting.
The State Board of Health initially reviewed the proposed amendment at its July 11, 2018, meeting.
Fiscal Impact
This rule making has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.
Public Comment
Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 21, 2018. Comments should be directed to:
David Werning |
Iowa Department of Inspections and Appeals |
Lucas State Office Building |
321 East 12th Street |
Des Moines, Iowa 50319-0083 |
Email: david.werning@dia.iowa.gov |
Public Hearing
No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rule-making action is proposed:
Amend rule 481—51.50(135B) as follows:
481—51.50(135B) Minimum standards for construction.
51.50(1) Minimum standards. Hospitals and off-site premises licensed under this chapter shall be built in accordance with the following construction standards.
a. Construction shall be in accordance with the standards set forth in the Guidelines for Design and Construction of Hospitals and Outpatient Facilities, 2014 edition, produced, 2018 edition, published by the Facility Guidelines Institute.
b. A critical access hospital as defined in rule 481—51.1(135B) shall meet the standards for construction set forth in Part 2.4 of the Guidelines for Design and Construction of Hospitals and Outpatient Facilities, 2014 edition, produced by the Facility Guidelines Institute.
c. b.Existing hospitals, critical access hospitals, and off-site premises built in compliance with prior editions of the hospital construction guidelines will be deemed in compliance with subsequent regulations, with the exception of any new structural renovations, additions, functional alterations, or changes in utilization to existing facilities, which shall meet the standards specified in this subrule.
d. c.The design and construction of a hospital or off-site premises shall be in conformance with the provisions of 661—Chapter 205.
e. d.In jurisdictions without a local building code enforcement program, the construction shall be in conformance with the state building code, as authorized by Iowa Code section 103A.7, in effect at the time of plan submittal for review and approval. In jurisdictions with a local building code enforcement program, local building code enforcement must include both the adoption and enforcement of a local building code through plan reviews and inspections.
e.In any case in which an applicable requirement of 661—Chapter 205 is inconsistent with an applicable requirement of the state building code, the hospital or off-site premises shall be deemed to be in compliance with the state building code requirement if the requirement of 661—Chapter 205 is met.
51.50(2) No change.
51.50(3) Variances. The director of the department may grant variances to building and construction guidelines as contained in the Guidelines for Design and Construction of Hospitals and Outpatient Facilities, 2014 edition, 2018 edition. The hospital or off-site premises must submit a variance request in writing to the director. The request must demonstrate how patient safety and the quality of care offered will not be compromised by the variance. The facility must demonstrate its ability to completely fulfill all other requirements of the service. The director shall make a written determination of the request. In determining whether a variance request shall be granted, the director shall give consideration to the following conditions and to any other conditions the director deems relevant:
a. to f. No change.
This notice is now closed for comments. Collection of comments closed on 8/21/2018.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 8/1/2018.
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 481-51.1 Rule 481-51.50 Rule 481-51.50(3) Rule 661-300.4The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 103A.7The following keywords and tags were added to this document. You may click a keyword to view related notices.
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