59A-3.079. Codes and Standards to Be Used for Construction of Hospitals

(1) The Agency provides technical assistance to the Florida Building Commission and the State Fire Marshal in developing and maintaining standards for the design and construction of hospitals. These standards are included in the following:

(a) The building codes in Rule 61G20-1.001, F.A.C.; as adopted by the Florida Building Commission.

(b) The fire codes in Rule 69A-3.012, F.A.C.; as adopted by the State Fire Marshal.

(c) The handicap accessibility standards in Chapter 553, Part V, F.S. and Rule 61G20-4.002, F.A.C; as adopted by the Florida Building Commission.

(2) No building shall be converted to a licensed hospital unless it complies with the standards and codes in effect when the building is converted.

(3) Where modernization or replacement construction is done within an existing facility, all new work and additions shall comply with applicable sections of the codes for new facilities.

(4) In renovation projects and those projects that are making additions to existing facilities, only that portion of the total facility affected by the project requires compliance with applicable sections of the codes for new construction identified in subsection (1) of this rule.

(5) Existing portions of the facility that are not included in the additions, modifications, alterations, refurbishing, renovations or reconstruction, shall be in compliance with the requirements of Chapter 19, Existing Health Care Occupancy, of the National Fire Protection Association (NFPA) Life Safety Code 101, as adopted by the State Fire Marshall and described in Rule 69A-3.012, F.A.C.

(6) When a building is converted from another type of occupancy to a hospital, it shall be in compliance with the requirements for an Institutional Group I-2 Occupancy and the hospital occupancy chapter, of the Florida Building Code (FBC) as adopted by the Florida Building Commission and the National Fire Protection Association (NFPA) Life Safety Code 101, Chapter 18, New Health Care Occupancy, as adopted by the State Fire Marshal and described in Rule 69A-3.012, F.A.C. A change of ownership shall not constitute a change of occupancy.

(7) Nothing in these standards shall be construed as restrictive to a facility that chooses to do work or alterations as part of a long-range, phased safety improvement plan. All hazards to life and safety and all areas of noncompliance with applicable codes and regulations are to be corrected in accordance with a plan of correction approved in advance by the Office of Plans and Construction.

(8) An ambulatory surgical center or a birth center shall not be constructed, located or operated within the same physical plant of, nor shall it be physically attached with any interior openings to a hospital facility. Other facilities not owned or operated by the licensee of a hospital may be fully integrated with the hospital’s physical plant only when it has been successfully demonstrated to the agency that the following conditions have been met:

(a) The Agency is granted the authority to enter and inspect any part of the physical plant of the facility to determine full compliance with all applicable federal and state codes and standards.

(b) All areas of the physical plant of the facility are maintained in a manner that will ensure continued licensure compliance of the hospital.

(c) The Agency is granted the authority to review for approval all contemplated additions, conversions, renovations or alterations to the physical plant of the facility before such additions, conversions, renovations or alterations are commenced.

(d) The unlicensed or separately licensed facility shall provide and maintain clear, visible and readable signs denoting its separateness from the licensed hospital.

(9) In addition to meeting the standards contained in subsection 59A-3.079(9), F.A.C., a separately licensed hospital facility to be located within the physical plant or on the premises of another facility must also meet the following:

(a) Have a separate pharmacy and basic radiographic equipment located within the boundaries of the physical plant of the newly licensed hospital;

(b) Be in compliance with all codes and standards as required for a new hospital facility as described in subsection 59A-3.079(7), F.A.C. above; or

(c) Be in compliance with all codes and standards as required for an existing hospital as described in subsection 59A-3.079(6), F.A.C. above, if the new facility is to be located in a currently licensed Class I hospital utilizing currently licensed hospital beds and spaces or utilizing previously licensed hospital beds and spaces that have not been altered in a manner that reduced code compliance.

(10) In addition to the codes and standards of this section, a new physically detached emergency department of a hospital facility must be in compliance with the requirements of the hospital occupany chapter and with the requirements for an Institutional Group I-2 Occupancy, of the Florida Building Code (FBC), as adopted by the Florida Building Commission and described in Rule 61G20-1.001, F.A.C., and with the National Fire Protection Association (NFPA) Life Safety Code 101, Chapter 18, New Health Care Occupancy, as adopted by the State Fire Marshal and described in Rule 69A-3.012, F.A.C.

(11) Projects that have not received a Stage II Preliminary Plan approval or Stage III Construction Document approval from the Office of Plans and Construction on the effective date of this rule shall conform to the requirements as set forth in these rules.

Rulemaking Authority 395.0163 FS. Law Implemented 395.0163 FS. History–New 1-1-77, Formerly 10D-28.79, Amended 1-16-87, 11-23-88, Formerly 10D-28.079, Amended 9-3-92, 5-12-16.