135C.9 - INSPECTION BEFORE ISSUANCE -- NOTICE OF DEFICIENCIES.
135C.9 INSPECTION BEFORE ISSUANCE -- NOTICE OF
DEFICIENCIES.
1. The department shall not issue a health care facility license
to any applicant until:
a. The department has ascertained that the staff and
equipment of the facility is adequate to provide the care and
services required of a health care facility of the category for which
the license is sought. Prior to the review and approval of plans and
specifications for any new facility and the initial licensing under a
new licensee, a resume of the programs and services to be furnished
and of the means available to the applicant for providing the same
and for meeting requirements for staffing, equipment, and operation
of the health care facility, with particular reference to the
professional requirements for services to be rendered, shall be
submitted in writing to the department for review and approval. The
resume shall be reviewed by the department within ten working days
and returned to the applicant. The resume shall, upon the
department's request, be revised as appropriate by the facility from
time to time after issuance of a license.
b. The facility has been inspected by the state fire marshal
or a deputy appointed by the fire marshal for that purpose, who may
be a member of a municipal fire department, and the department has
received either a certificate of compliance or a provisional
certificate of compliance by the facility with the fire hazard and
fire safety rules and standards of the department as promulgated by
the fire marshal and, where applicable, the fire safety standards
required for participation in programs authorized by either Title
XVIII or Title XIX of the United States Social Security Act (42
U.S.C. § 1395 to 1395ll and 1396 to 1396g). The certificate or
provisional certificate shall be signed by the fire marshal or the
fire marshal's deputy who made the inspection. If the state fire
marshal or a deputy finds a deficiency upon inspection, the notice to
the facility shall be provided in a timely manner and shall
specifically describe the nature of the deficiency, identifying the
Code section or subsection or the rule or standard violated. The
notice shall also specify the time allowed for correction of the
deficiency, at the end of which time the fire marshal or a deputy
shall perform a follow-up inspection.
2. The rules and standards promulgated by the fire marshal
pursuant to subsection 1, paragraph "b" of this section shall be
substantially in keeping with the latest generally recognized safety
criteria for the facilities covered, of which the applicable criteria
recommended and published from time to time by the national fire
protection association shall be prima facie evidence. The rules and
standards promulgated by the fire marshal shall be promulgated in
consultation with the department and shall, to the greatest extent
possible, be consistent with rules adopted by the department under
this chapter.
3. The state fire marshal or the fire marshal's deputy may issue
successive provisional certificates of compliance for periods of one
year each to a facility which is in substantial compliance with the
applicable fire hazard and fire safety rules and standards, upon
satisfactory evidence of an intent, in good faith, by the owner or
operator of the facility to correct the deficiencies noted upon
inspection within a reasonable period of time as determined by the
state fire marshal or the fire marshal's deputy. Renewal of a
provisional certificate shall be based on a showing of substantial
progress in eliminating deficiencies noted upon the last previous
inspection of the facility without the appearance of additional
deficiencies other than those arising from changes in the fire hazard
and fire safety rules, regulations and standards which have occurred
since the last previous inspection, except that substantial progress
toward achievement of a good faith intent by the owner or operator to
replace the entire facility within a reasonable period of time, as
determined by the state fire marshal or the fire marshal's deputy,
may be accepted as a showing of substantial progress in eliminating
deficiencies, for the purposes of this section.
4. If a facility subject to licensure under this chapter, a
facility exempt from licensure under this chapter pursuant to section
135C.6, or a family home under section 335.25 or 414.22, has been
issued a certificate of compliance or a provisional certificate of
compliance under subsection 1 or 3, or has otherwise been approved as
complying with a rule or standard by the state or a deputy fire
marshal or a local building department as defined in section 103A.3,
the state or deputy fire marshal or local building department which
issued the certificate, provisional certificate, or approval shall
not apply additional requirements for compliance with the rule or
standard unless the rule or standard is revised in accordance with
chapter 17A or with local regulatory procedure following issuance of
the certificate, provisional certificate, or approval. Section History: Early Form
[C50, 54, § 135C.6; C58, 62, 66, 71, 73, 75, 77, 79, 81, § 135C.9]
Section History: Recent Form
97 Acts, ch 169, §19; 2001 Acts, ch 30, §1, 2
Referred to in § 135C.6, 135C.16