NC Register Volume 23 Issue 09 - Office of Administrative Hearings

APPROVED RULES
Eff. October 1, 2008.
10A NCAC 70K .0316 BUILDING SERVICE
EQUIPMENT
(a) The building and all fire safety, electrical, mechanical and
plumbing equipment in a residential maternity home shall be
maintained in a safe and operating condition.
(b) There shall be a central heating system sufficient to maintain
75 degrees F (24 degrees C) under winter design conditions.
Built-in electric heaters, if used, shall be installed or protected to
avoid hazards to residents (mothers and children) and room
furnishings. Unvented fuel burning room heaters and portable
electric heaters are prohibited.
(c) Air conditioning or at least one fan per resident bedroom,
living and dining areas shall be provided when the temperature
in the main center corridor exceeds 80 degrees F (26.7 degrees
C).
(d) The hot water tank shall be of such size to provide hot water
to the kitchen, bathrooms and laundry. The hot water
temperature at all fixtures used by residents shall be maintained
at a minimum of 100 degrees F (38 degrees C) and shall not
exceed 116 degrees F (46.7 degrees C).
(e) All resident areas shall be well lighted for the safety and
comfort of the residents. The minimum lighting required is:
(1) 30 foot candle of light for reading;
(2) 10 foot candle of light for general lighting; and
(3) one foot candle of light at the floor for
corridors at night.
(f) Fireplaces, fireplace inserts and wood stoves shall be
designed or installed to avoid a burn hazard to residents
(mothers and children). Solid fuel burning fireplace inserts and
wood stoves shall be labeled and approved by a third party
testing agency accredited by the North Carolina Building Code
Council for solid fuel heating equipment.
(g) Gas logs may be installed if they are of the vented type,
installed according to the manufacturers' installation instructions,
approved through the local building department and protected by
a guard or screen to prevent residents and furnishings from
burns.
(h) This rule shall apply to new and existing residential
maternity homes.
History Note: Authority G.S. 131D-1; 143B-153;
Eff October 1, 2008.
10A NCAC 70K .0317 OUTSIDE PREMISES
(a) The outside grounds of new and existing residential
maternity homes shall be maintained in a clean and safe
condition.
(b) Fences shall be kept in good repair and shall not prevent
residents or adult staff from exiting or entering freely or be
hazardous.
(c) Outdoor stairways and ramps shall be illuminated by no less
than five foot candles of light at grade level.
History Note: Authority G.S. 131D-1; 143B-153;
Eff. October 1, 2008.
10A NCAC 70L .0101 USE OF VOLUNTEERS IN
CHILDREN'S SERVICES CASE
History Note: Authority G.S. 7A-657; 7A-675; 108A-80;
143B-153; 143B-154; 143B-155; 143B-156;
Eff. October 15, 1980;
Amended Eff. May 1, 1990; January 1, 1983;
Repealed Eff. October 1, 2008.
10A NCAC 70L .0102 WAIVER OF LICENSING
RULES
The North Carolina Department of Health and Human Services,
Division of Social Services is the licensing authority and shall
allow a waiver to a licensing rule or rules to persons subject to
licensure pursuant to G.S. 131D, Article 1A in accordance with
the following criteria:
(1) Persons seeking a waiver shall submit a
written request on a form developed by the
licensing authority, to the licensing authority
showing that another way of meeting a rule
maintains the health, safety, and well-being of
individuals being served at or above the level
required by the rule.
(2) No waiver shall be allowed by the licensing
authority to any rule based on a standard
adopted by the Building Code Council and
subject to the general supervision and
enforcement of the Commissioner of
Insurance.
(3) No waiver shall be allowed by the licensing
authority to any rule governing fire safety.
(4) No waiver shall be allowed by the licensing
authority to any rule based upon a standard
adopted by the Commission for Public Health.
(5) The waiver when allowed remains in effect for
the term of the license and may be renewed if
the licensing authority determines that the
health, safety and well-being of individuals
being served are not threatened.
(6) Upon receipt of the waiver request form, a
decision to grant or deny the waiver shall be
made by the licensing authority within 10
business days of its receipt.
History Note: Authority G.S. 131D-10.5; 131D-10.6;
150B-22; 150B-23;
Eff. April 1, 1984;
ARRC Objection March 16, 1988;
Amended Eff. May 1, 1990; August 1, 1988;
Temporary Amendment Eff. October 28, 1997;
Amended Eff. October 1, 2008; April 1, 1999.
10A NCAC 70L .0201 DENIAL, AMENDMENT,
SUSPENSION AND REVOCATION
(a) Denial: The North Carolina Department of Health and
Human Services, Division of Social Services, is the licensing
authority and shall deny a license at any time for failure to
comply with licensing rules adopted pursuant to G.S. 131D,
Article 1A or for operating in a manner that threatens the health,
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