OAR 333-700-0131: Physical Environment Requirements

(1) A facility must continue to meet all applicable building and physical environment standards, including but not limited to structural, mechanical, electrical, plumbing, fire and life safety codes that were in effect at the time of licensure, or the standards that applied at the time of a major alteration or new construction as required by this rule. Each instance of non-compliance with a building or physical environment standard or code is a separate violation. (2)(a) On and after January 1, 2020, any person proposing to construct a new facility, or proposing to make certain alterations or additions to an existing facility, must, before commencing new construction, alterations, or additions, comply with OAR chapter 333, division 675 and these rules. (b) A facility may choose to comply with these revised standards on or after October 1, 2019. (3) Only the portion of an existing facility that is being altered or renovated and any impacted ancillary areas required to ensure full functionality of the facility must meet the requirements in sections (4) through (6) of this rule. (4) An applicant or a licensed facility must comply with Chapter 2.10 of the 2018, Facilities Guidelines Institute (FGI), Guidelines for Design and Construction of Outpatient Facilities, adopted by reference including all references to part, subpart, sections, subsections, paragraphs, subparagraphs and appendices except as specified in sections (5) and (6) of this rule. To the extent that other FGI chapters are referenced in Chapter 2.10, a facility must also comply with the referenced chapters. References in FGI to "and/or" mean "or." (5) The chapters, sections, subsections, paragraphs, subparagraphs or appendices of the 2018, FGI, Guidelines for Design and Construction of Outpatient Facilities specified in OAR 333-535-0015(6)(a) through (d), (f), (g) and (j) are not adopted by reference and do not apply under this rule. (6) The amendments made to the 2018, FGI, Guidelines for Design and Construction of Outpatient Facilities, as adopted and incorporated by reference, specified in OAR 333-535-0015 (7)(a) through (j), (v) through (y), (ee) through (hh), (jj) through (pp), and (vvv) through (vvvv) shall apply under this rule. (7) The Authority may, upon written request, allow minor variations from these requirements (other than fire and life safety requirements) when conditions make certain changes to facilities impractical to accomplish, as long as the intent of the requirement is met and the care and safety of patients will not be jeopardized. An applicant or facility must obtain written approval of the Authority in accordance with OAR 333-700-0072, for any minor variation. (8) In addition to the requirements specified in sections (4) through (6) of this rule, a renal dialysis facility to be certified for Medicare reimbursement shall also meet standards of the 2012, National Fire Protection Association (NFPA) #101 and #99 Codes, and the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) Standard 170-2017, "Ventilation of Health Care Facilities," adopted by reference. (9) Minimum facility location and accessibility requirements are as follows: (a) The facility shall be located to allow for prompt access by ambulances and buses, including wheelchair-lift equipped vehicles, without the need for patients to traverse across vehicular pathways or parking areas. If this requirement cannot be satisfied, the project sponsor shall propose an alternate plan showing that patient safety shall not be compromised; and (b) The dialysis unit shall be located in a separate building or section of the facility that is free of traffic by non-related persons. (10) Minimum structural, Fire & Life Safety Code and maintenance requirements are as follows: (a) All dialysis treatment spaces shall provide one or more exits to the outside at grade level or by accessible ramps and not be located adjacent to an industrial high hazard occupancy as defined in the 2012, NFPA 101 Life Safety Code; (b) If a facility is unable to meet the provisions of subsection (10)(a) of this rule, it shall be subject to compliance and review with the 2012, NFPA 101 Life Safety Code.