Section 2600.14a. Fire safety approval—statement of policy

(a) A new applicant applying for a license that intends to serve one or more residents with mobility needs and a licensed home that serves one or more residents with mobility needs is to possess a valid Certificate of Occupancy specifying the use and occupancy classification required by either of the following:

(1) The Pennsylvania Construction Code Act (35 P. S. § § 7210.101—7210.1103) and regulations (34 Pa. Code Chapter 403 (relating to administration)).

(2) A previously promulgated Commonwealth fire and panic law and regulation if the home’s building use has not changed since issuance of the Certificate of Occupancy and if no building renovations or alterations have been made since issuance of the Certificate of Occupancy. (See the act of April 27, 1927 (P. L. 465, No. 299) (35 P. S. § § 1221—1235).)

(b) The numbers and needs of the residents served in the home are to comply with the use and occupancy classification of the Certificate of Occupancy specified in subsection (a).

(c) If a licensed home does not have a Certificate of Occupancy with the correct use and occupancy classification consistent with the actual use of the premises, the home is to provide a plan to the Department under which the home is to do one of the following:

(1) Revise its description of services and suspend new admissions of persons with mobility needs, within 12 months of the date of the Department’s determination.

(2) Obtain a new Certificate of Occupancy with a use and occupancy classification that permits persons with mobility needs to be served, within 18 months of the date of the Department’s determination.

(d) The Department will examine each home’s plan under subsection (c) and will accept or reject the plan. If the Department rejects the home’s plan, the Department will work with the home to develop an acceptable plan.

(e) The Department may extend the time periods under subsection (c)(1) and (2) on a case-by-case basis, based on progress made by the home toward implementing the plan.

(f) If a home chooses the option under subsection (c)(2), a step-by-step building renovation, code inspection and approval plan is to be submitted.

(g) A home that chooses the option under subsection (c)(1) and a home that cannot obtain the use and occupancy classification specified in subsections (a) and (b) within 18 months of the Department’s determination under subsection (c)(2), is to submit documentation that demonstrates that the staffing or operation of the home allows for safe emergency evacuation of residents with mobility needs.

(h) The Department will review the documentation submitted under subsection (g) on a case-by-case basis to determine if the documentation demonstrates that the home provides for the safe evacuation of residents with mobility needs.

The provisions of this § 2600.14a adopted September 17, 2010, for licensed homes, effective November 1, 2010, for new applicants, changes in legal entity, changes in licensed capacity and new SCDUs, effective September 18, 2010, 40 Pa.B. 5345.