Licensing - ALF Boss

WAC 388-78A-2730 Licensee’s responsibilities. (1) The assisted living facility licensee is responsible for:

The operation of the assisted living facility;
Complying at all times with the requirements of this chapter, chapter 18.20 RCW, and other applicable laws and rules; and
The care and services provided to the assisted living facili-ty residents.

(2) The licensee must:

Maintain the occupancy level at or below the licensed resi-dent bed capacity of the assisted living facility;
Maintain and post in a size and format that is easily read, in a conspicuous place on the assisted living facility premises:
A current assisted living facility license, including any re-lated conditions on the license;
The name, address and telephone number of:
The department;
Appropriate resident advocacy groups; and
The state and local long-term care ombuds with a brief de-scription of ombuds services.

(iii) A copy of the report, including the cover letter, and plan of correction of the most recent full inspection conducted by the department.

(c) Ensure any party responsible for holding or managing residents’ personal funds is bonded or obtains insurance in sufficient amounts to specifically cover losses of resident funds; and provides proof of bond or insurance to the department.

The licensee must not delegate to any person responsibilities that are so extensive that the licensee is relieved of responsibility for the daily operations and provisions of services in the assisted living facility.
The licensee must act in accord with any department-approved management agreement, if the licensee has entered into a management agreement.
The licensee must appoint the assisted living facility admin-istrator consistent with WAC 388-78A-2520.

[Statutory Authority: Chapter 18.20 RCW. WSR 14-05-035, § 388-78A-2730, filed 2/12/14, effective 3/15/14; WSR 13-13-063, § 388-78A-2730, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090, 2008 c 146, and chapter 18.20 RCW. WSR 09-01-079, § 388-78A-2730, filed 12/15/08, effective 1/15/09. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065,

388-78A-2730, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2732 Liability insurance required—Ongoing. The assisted living facility must:

Obtain liability insurance upon licensure and maintain the insurance as required in WAC 388-78A-2733 and 388-78A-2734; and
Have evidence of liability insurance coverage available if requested by the department.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2732, filed 6/18/13, effective 7/19/13; WSR 10-03-066, §

388-78A-2732, filed 1/15/10, effective 2/15/10.]

WAC 388-78A-2733 Liability insurance required—Commercial general liability insurance or business liability insurance coverage. The assisted living facility must have commercial general liability insurance or business liability insurance that includes:

Coverage for the acts and omissions of any employee and vol-unteer;
Coverage for bodily injury, property damage, and contractual liability;
Coverage for premises, operations, independent contractor, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract; and
Minimum limits of:(a) Each occurrence at one million dollars; and (b) General aggregate at two million dollars.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2733, filed 6/18/13, effective 7/19/13; WSR 10-03-066, §

388-78A-2733, filed 1/15/10, effective 2/15/10.]

WAC 388-78A-2734 Liability insurance required—Professional liability insurance coverage. The assisted living facility must have professional liability insurance or error and omissions insurance if the assisted living facility licensee has a professional license, or employs professionally licensed staff. The insurance must include:

Coverage for losses caused by errors and omissions of the as-sisted living facility, its employees, and volunteers; and
Minimum limits of:(a) Each occurrence at one million dollars; and (b) Aggregate at two million dollars.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2734, filed 6/18/13, effective 7/19/13; WSR 10-03-066, § 388-78A-2734, filed 1/15/10, effective 2/15/10.]

WAC 388-78A-2740 Licensee qualifications. The department must consider separately and jointly as applicants each person named in the application for an assisted living facility license.

If the department finds any person unqualified as specified in WAC 388-78A-3190, the department must deny, terminate, or not renew the license.
If the department finds any person unqualified as specified in WAC 388-78A-3170, the department may deny, terminate, or not renew the license.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2740, filed 6/18/13, effective 7/19/13. Statutory Authority:

RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2740, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2750 Application process. To apply for an assisted living facility license, a person must:

Submit to the department a complete license application on forms designated by the department at least ninety days prior to the proposed effective date of the license;
Submit all relevant attachments specified in the application;
Submit department background authorization forms;
Sign the application;
Submit the license fee as specified in WAC 388-78A-3230;
Submit verification that construction plans have been ap-proved by construction review services;
Submit a revised application before the license is issued if any information has changed since the initial license application was submitted;
Submit a revised application containing current information about the proposed licensee or any other persons named in the application, if a license application is pending for more than one year; and
If the licensee’s agent prepares an application on the licen-see’s behalf, the licensee must review, sign and attest to the accuracy of the information contained in the application.
A license must be issued only to the person who applied for the license.
A license may not exceed twelve months in duration and ex-pires on a date set by the department.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2750, filed 6/18/13, effective 7/19/13; WSR 12-21-070, § 388-78A-2750, filed 10/18/12, effective 11/18/12; WSR 12-01-003, § 388-78A-2750, filed 12/7/11, effective 1/7/12. Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 10-16-085, § 388-78A-2750, filed 7/30/10, effective 1/1/11. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2750, filed

7/30/04, effective 9/1/04.]

WAC 388-78A-2760 Necessary information. In making a determination whether to issue an assisted living facility license, in addition to the information for each person named in the application, the department may review other documents and information the department deems relevant, including inspection and complaint investigation findings for each facility with which the applicant or any partner, officer, director, managerial employee, or owner of five percent or more of the applicant has been affiliated.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2760, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2760, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2770 Change in licensee/change of ownership—When change in licensee is required. The licensee of an assisted living facility must change whenever the following events occur, including, but not limited to:

The licensee’s form of legal organization is changed (e.g., a sole proprietor forms a partnership or corporation);
The licensee transfers ownership of the assisted living fa-cility business enterprise to another party regardless of whether ownership of some or all of the real property and/or personal property assets of the assisted living facility is also transferred;
The licensee dissolves, or consolidates or merges with anoth-er legal organization and the licensee’s legal organization does not survive;
If, during any continuous twenty-four-month period, fifty percent or more of the “licensed entity” is transferred, whether by a single transaction or multiple transactions, to:
A different person (e.g., new or former shareholders or part-ners); or
A person that had less than a five percent ownership interest in the assisted living facility at the time of the first transaction.

(5) Any other event or combination of events that results in a substitution, elimination, or withdrawal of the licensee’s control of the assisted living facility. As used in this section, “control” means the possession, directly or indirectly, of the power to direct the management, operation and/or policies of the licensee or assisted living facility, whether through ownership, voting control, by agreement, by contract or otherwise.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2770, filed 6/18/13, effective 7/19/13; WSR 09-06-063, § 388-78A-2770, filed 3/2/09, effective 4/2/09. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2770, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2773 Change in licensee/change of ownership—When change in licensee not required. The licensee is not required to change when only the following, without more, occur:

The licensee contracts with a party to manage the assisted living facility enterprise for the licensee pursuant to an agreement as specified in WAC 388-78A-2590; or
The real property or personal property assets of the assisted living facility are sold or leased, or a lease of the real property or personal property assets is terminated, as long as there is not a substitution or substitution of control of the licensee or assisted living facility.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2773, filed 6/18/13, effective 7/19/13; WSR 09-06-063, §

388-78A-2773, filed 3/2/09, effective 4/2/09.]

WAC 388-78A-2775 Change in licensee/change of ownership—Application. (1) The prospective licensee must complete, sign and submit to the department a change of ownership application prior to the proposed date of change in licensee.

The annual assisted living facility license fee, if a license fee is due, must accompany the change in ownership application.
The prospective licensee must submit the following informa-tion that must be submitted along with the change of ownership application:
Evidence of control of the real estate on which the assisted living facility is located, such as a purchase and sales agreement, lease contract, or other appropriate document; and
Any other information requested by the department.

(4) The prospective licensee must submit the completed application to the department within the applicable timeframes of WAC 388-78A-2785 or 388-78A-2787.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2775, filed 6/18/13, effective 7/19/13; WSR 09-06-063, § 388-78A-2775, filed 3/2/09, effective 4/2/09.]

WAC 388-78A-2777 Change in licensee/change of ownership—Revised application. The prospective licensee must submit a revised application to the department if:

Any information included on the original application is no longer accurate; or
Requested by the department.

[Statutory Authority: Chapter 18.20 RCW. WSR 09-06-063, § 388-78A-2777, filed 3/2/09, effective 4/2/09.]

WAC 388-78A-2780 Change in licensee/change of ownership—Notice to department and residents. (1) In order to change the licensee of an assisted living facility, the current licensee must notify the following in writing of the proposed change in licensee:

(a) The department; and (b) All residents, or resident representatives (if any).

(2) The licensee must include the following information in the written notice:

Name of the present licensee and prospective licensee;
Name and address of the assisted living facility for which the licensee is being changed;
Date of proposed change; and
If the assisted living facility contracts with the depart-ment, health care authority or other public agencies that may make payments for residential care on behalf of residents, the anticipated effect, such as discharge from the assisted living facility, the change of licensee will have on residents whose care and services are supported through these contracts.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2780, filed 6/18/13, effective 7/19/13; WSR 12-01-003, § 388-78A-2780, filed 12/7/11, effective 1/7/12; WSR 09-06-063, § 388-78A-2780, filed 3/2/09, effective 4/2/09. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, §

388-78A-2780, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2783 Change in licensee/change of ownership—Relinquishment of license. (1) On the effective date of the change in licensee, the current assisted living facility licensee is required to relinquish their assisted living facility license.

(2) To relinquish a license, the licensee must mail the department the assisted living facility license along with a letter, addressed to the department, stating licensee’s intent to relinquish the assisted living facility license to the department.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2783, filed 6/18/13, effective 7/19/13; WSR 09-06-063, § 388-78A-2783, filed 3/2/09, effective 4/2/09.]

WAC 388-78A-2785 Change in licensee/change of ownership—Ninety days notice. The current assisted living facility licensee must provide written notice to the department and residents, or resident representatives (if any), ninety calendar days prior to the date of the change of licensee, if the proposed change of assisted living facility licensee is anticipated to result in the discharge or transfer of any resident.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2785, filed 6/18/13, effective 7/19/13; WSR 09-06-063, § 388-78A-2785, filed 3/2/09, effective 4/2/09.]

WAC 388-78A-2787 Change in licensee/change of ownership—Sixty days notice. The current assisted living facility licensee must provide written notice to the department and residents, or resident representatives (if any), at least sixty calendar days prior to the date of the change of licensee, if the proposed change of assisted living facility licensee is not anticipated to result in the discharge or transfer of any resident.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2787, filed 6/18/13, effective 7/19/13; WSR 09-06-063, § 388-78A-2787, filed 3/2/09, effective 4/2/09.]

WAC 388-78A-2790 Annual renewal. To renew an assisted living facility license, the assisted living facility must:

Submit a completed license renewal application on forms des-ignated by the department, at least thirty days prior to the license expiration date;
Sign the application;
Submit the annual license fee as specified in WAC 388-78A-3230; and
If the licensee’s agent prepares a renewal application on the licensee’s behalf, the licensee must review, sign and attest to the accuracy of the information contained on the renewal application.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2790, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065,

388-78A-2790, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2800 Changes in licensed bed capacity. (1) To change the licensed bed capacity in an assisted living facility, the assisted living facility must:

Submit a completed request for approval to the department at least one day before the intended change;
Submit the prorated fee for additional beds to DSHS within thirty calendar days, if applicable;
Update the resident register pursuant to WAC 388-78A-2440 upon making the intended change;
Post an amended license obtained from the department, indi-cating the new licensed bed capacity; and
Meet the additional requirements under WAC 388-78A-2810.

(2) Facilities may maintain prepaid licensed beds as “stand-by” beds for the conversion of a nonresident to a resident or admission of a resident. A “stand-by” bed is defined as a bed that is not occupied by a resident and was not designated on the department room list by the facility as a paid licensed bed.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-02-104, § 388-78A-2800, filed 12/31/19, effective 1/31/20. Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2800, filed 6/18/13, effective 7/19/13; WSR 12-01-003, § 388-78A-2800, filed 12/7/11, effective 1/7/12. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2800, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2810 Criteria for increasing licensed bed capacity. Before the licensed bed capacity in an assisted living facility may be increased, the assisted living facility must:

Obtain construction review services’ review and approval of the additional rooms or beds, and related auxiliary spaces, if the rooms were not previously reviewed and approved for the physical plant requirements at time of construction; and
Ensure that each additional licensed bed or “stand-by” bed meets the assisted living licensing requirements under this chapter and chapter 388-110 WAC, when applicable.
Before approving any increase in licensed bed capacity, the department will determine the facility’s maximum facility capacity to ensure that any increase is consistent with this chapter and chapter 388-110 WAC, when applicable.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-02-104, § 388-78A-2810, filed 12/31/19, effective 1/31/20. Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2810, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2810, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2821 Design, construction review, and approval plans. (1) Drawings and specifications for new construction must be prepared by, or under the direction of, an architect registered under chapter 18.08 RCW. The services of a consulting engineer registered under chapter 18.43 RCW may be used for the various branches of work where appropriate. The services of a registered engineer may be used in lieu of the services of an architect if the scope of work is primarily engineering in nature.

(2) The assisted living facility will meet the following requirements:

Preconstruction. Request and attend a presubmission conference for projects with a construction value of two hundred and fifty thousand dollars or more. The presubmission conference shall be scheduled to occur for the review of construction documents that are no less than fifty percent complete, or as coordinated with plan reviewer.
Construction document review. Submit construction documents for proposed new construction to the department for review within ten days of submission to the local authorities. Compliance with these standards and regulations does not relieve the facility of the need to comply with applicable state and local building and zoning codes. The construction documents must include:

(i) A written functional program consistent with WAC 388-78A-2361 containing, but not limited to, the following:

Information concerning services to be provided and the meth-ods to be used;
An interim life safety measures plan to ensure the health and safety of occupants during construction;
An infection control risk assessment indicating appropriate infection control measures, keeping the surrounding area free of dust and fumes, and ensuring rooms or areas are well ventilated, unoccupied, and unavailable for use until free of volatile fumes and odors;
An analysis of likely adverse impacts on current assisted living facility residents during construction and the facilities plans to eliminate or mitigate such adverse impacts including ensuring continuity of services;
Drawings and specifications to include coordinated architec-tural, mechanical, and electrical work. Each room, area, and item of fixed equipment and major movable equipment must be identified on all drawings to demonstrate that the required facilities for each function are provided;
Floor plan of the existing building showing the alterations and additions, and indicating location of any service or support areas;
Required paths of exit serving the alterations or additions; and
Verification that the capacities and loads of infrastructure systems will accommodate the planned load.
Resubmittals. The assisted living facility will respond in writing when the department requests additional or corrected construction documents;
Construction. Comply with the following requirements during the construction phase:

(i) The assisted living facility will not begin construction until all of the following items are complete:

Construction review services has approved construction docu-ments or granted authorization to begin construction;
The local jurisdictions have issued a building permit; and
The construction review services will issue an “authorization to begin construction” when the construction documents have been conditionally approved.
Submit to the department for review any addenda or modifica-tions to the construction documents.
Assure construction is completed in compliance with the fi-nal construction review services approved documents. Compliance with these standards and regulations does not relieve the facility from compliance with applicable state and local building and zoning codes. Where differences in interpretations occur, the facility will follow the most stringent requirement.

(vi) The assisted living facility will allow any necessary inspections for the verification of compliance with the construction documents, addenda, and modifications.

Project closeout. The facility will not use any new or remodeled areas for resident use of licensed space until:
The department has approved construction documents;
The local jurisdictions have completed all required inspec-tions and approvals, when applicable or given approval to occupy; and
The facility notifies the department in writing when con-struction is completed and includes:

(A) Copy of the local jurisdiction’s approval for occupancy; (B) Copy of reduced floor plans; and (C) A room schedule.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-02-104, § 388-78A-2821, filed 12/31/19, effective 1/31/20.]

WAC 388-78A-2830 Conversion of licensed nursing homes. (1) If a person intends to convert a licensed nursing home building into a licensed assisted living facility, the building must meet all assisted living facility licensing requirements specified in this chapter and chapter 18.20 RCW unless the licensee has a contract with the department to provide enhanced adult residential care services in the assisted living facility per RCW 18.20.220.

(2) If the licensee provides contracted enhanced adult residential care services in the building converted from a licensed nursing home into a licensed assisted living facility, the assisted living facility licensing requirements for the physical structure are considered to be met if the most recent nursing home inspection report for the nursing home building demonstrates compliance, and compliance is maintained, with safety standards and fire regulations:

As required by RCW 18.51.140; and
Specified in the applicable building code, as required by RCW 18.51.145, including any waivers that may have been granted, except that the licensee must ensure the building meets the licensed assisted living facility standards, or their functional equivalency, for:
Resident to bathing fixture ratio required per WAC

388-78A-3030;

Resident to toilet ratio required per WAC 388-78A-3030;(iii) A call system required per WAC 388-78A-2930;

(iv) Resident room door closures; and (v) Resident room windows required per WAC 388-78A-3010.

(3) If the licensee does not continue to provide contracted enhanced adult residential care services in the assisted living facility converted from a licensed nursing home, the licensee must meet all assisted living facility licensing requirements specified in this chapter and chapter 18.20 RCW.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-02-104, § 388-78A-2830, filed 12/31/19, effective 1/31/20. Statutory Authority:

Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2830, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2830, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2840 Licenses for multiple buildings. (1) The licensee may have multiple buildings operating under a single assisted living facility license if:

All of the buildings are located on the same property with the same legal description; or
All of the buildings are located on contiguous properties un-divided by:
Public streets, not including alleyways used primarily for delivery services or parking; or
Other land that is not owned and maintained by the owners of the property on which the assisted living facility is located.
The licensee must have separate assisted living facility li-censes for buildings that are not located on the same or contiguous properties.
Buildings that construction review services reviewed only as an addition to, or a remodel of, an existing assisted living facility must not have separate assisted living facility licenses.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2840, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065,

388-78A-2840, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2850 Required reviews of building plans. (1) A person or assisted living facility must notify construction review services of all planned construction regarding an assisted living facility prior to beginning work on any of the following:

A new building or portion thereof to be used as an assisted living facility;
An addition of, or modification or alteration to an existing assisted living facility, including, but not limited to, the assisted living facility’s:
Physical structure;
Electrical fixtures or systems;
Mechanical equipment or systems;
Fire alarm fixtures or systems;
Fire sprinkler fixtures or systems;
Wall coverings 1/28 inch thick or thicker; or(vii) Kitchen or laundry equipment.
A change in the department-approved use of an existing assis-ted living facility or portion of an assisted living facility; and
An existing building or portion thereof to be converted for use as an assisted living facility.
A person or assisted living facility does not need to notify construction review services of the following:
Repair or maintenance of equipment, furnishings or fixtures;
Replacement of equipment, furnishings or fixtures with equiv-alent equipment, furnishings or fixtures;
Repair or replacement of damaged construction if the repair or replacement is performed according to construction documents approved by construction review services within eight years preceding the current repair or replacement;
Painting; or
Cosmetic changes and changes to approved use that do not af-fect areas providing, or utilities serving resident activities, services, or care and are performed in accordance with the current edition of the building code; or
Construction in buildings not accessible to residents and not directly supporting resident services.
The assisted living facility must submit plans to construc-tion review services as directed by construction review services and consistent with WAC 388-78A-2361 for approval prior to beginning any construction.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-02-104, § 388-78A-2850, filed 12/31/19, effective 1/31/20. Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2850, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2850, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2851 Applicability requirements for physical plant. (1) The purpose of physical environment requirements is to provide for a safe and effective resident care environment in the buildings or portions of buildings licensed as assisted living facilities and used to provide assisted living services. This section applies to new construction which includes:

New buildings to be licensed;
Conversion of an existing building or portion of an existing building;
Additions;
Alterations; and
Excludes buildings used exclusively for administration func-tions.

(2) Standards for design and construction:

The physical environment requirements of this chapter that are in effect at the time the application and fee is submitted to construction review services, and the project number is assigned by construction review services, apply for the duration of the construction project;
Newly licensed assisted living facilities and new construc-tion in existing assisted living facilities must meet the requirements of all current state and local building and zoning codes and applicable sections of this chapter; and
Where permitted by the state building code, in resident rooms, spaces, and areas, including sleeping, treatment, diagnosis, and therapeutic uses, the design and installation of an NFPA 72 private operating mode fire alarm shall be permitted.

(3) Existing licensed assisted living facilities must continue to meet the applicable codes in force at the time of construction, the fire code adopted by the Washington state building code council and the following sections:

WAC 388-78A-2700 Emergency and disaster preparedness;
WAC 388-78A-2880 Changing use of rooms;
WAC 388-78A-2950 Water supply;
WAC 388-78A-2960 Sewage and liquid waste disposal; and
WAC 388-78A-2970 Garbage and refuse disposal.
Where applicable, existing facilities may choose to meet ei-ther the requirements of chapter 388-78A WAC in effect at the time a project number is assigned by construction review services consistent with subsection (2)(a) of this section or the following standards:
WAC 388-78A-2381 General design requirements for memory care;
WAC 388-78A-2880(3) Freedom of movement;
WAC 388-78A-2990(5) Heating and cooling—Temperature; and (d) WAC 388-78A-2920 Area for nursing supplies and equipment.
The department may require a facility to meet requirements if building components or systems are deemed by the department to jeopardize the health or safety of residents.
The assisted living facility must ensure that construction is completed in compliance with the final construction review services approved documents. Compliance with these standards and regulations does not relieve the assisted living facility of the need to comply with applicable state and local building and zoning codes.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-03-122 and WSR 20-02-104, § 388-78A-2851, filed 1/17/20 and 12/31/19, effective

2/17/20 and 1/31/20.]

WAC 388-78A-2852 Exemptions or alternative methods. (1) The department may exempt an assisted living facility from meeting a specific requirement related to the physical environment or may approve an alternative method for meeting the requirement, if the department determines the exemptions or alternative method will:

Not jeopardize the health or safety of residents;
Not adversely affect the residents’ quality of life;
Not change the fundamental nature of the assisted living fa-cility operation into something other than an assisted living facility;
Demonstrate that the proposed alterations will serve to cor-rect deficiencies or upgrade the facility in order to better serve residents; and
Demonstrate to the director of residential care services, that substitution of procedures, materials, or equipment for requirements specified in this chapter would better serve residents.

(2) To request an exemption, or to request an approval of an alternative method, an assisted living facility must submit a written request to the department that includes:

A description of the requested exemption or alternative meth-od; and
The specific rule for which the exemption is sought.
The assisted living facility may not appeal the department’s denial of a request for an exemption or alternative method.
The assisted living facility must retain in the assisted liv-ing facility a copy of each approved exemption or alternative method.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-02-104, §

388-78A-2852, filed 12/31/19, effective 1/31/20.]

WAC 388-78A-2853 New licenses and use of construction. The department will not issue an assisted living facility license unless:

(1) Construction review services:

Notifies the department that construction has been completed; and
Provides the department:
A copy of the certificate of occupancy granted by the local building official;
A copy of the functional program; and
A reduced copy of the approved floor plan indicating room numbers or names and the approved use; and

(2) Facilities will not use areas of new construction, as described in WAC 388-78A-2821, until one of the following events has occurred:

(a) Construction review services has approved the construction, and the scope of work does not require inspection by DSHS for a licensing inspection, or office of the state fire marshal (OSFM). Examples of such projects include:

Minor additions (sunroom, dining room, offices);
New buildings without resident care space or critical sys-tems;
Minor moving of walls in resident care spaces;
Major renovations in non-resident spaces; and
Phased construction projects not falling under subsection (3)(b)(ii) and (iii) of this section; or

(b) Construction review services has recommended approval, and a DSHS inspection has approved the finished work, and the scope of work is for:

Major alterations of resident spaces;
Alterations of significant scope;
Conversion of support spaces to resident rooms;
Addition of licensed beds not previously reviewed and ap-proved by construction review services;
New resident care buildings (under existing license);
New resident support spaces such as kitchens and secured outdoor areas; and
License type/contract care conversions; or

(c) Construction review services has recommended approval, OSFM has inspected, and DSHS issues a license and the scope of the work is for:

Buildings and areas supporting an initial facility license;
Buildings and spaces seeking licensure after an expired li-cense; or
Facility relocation.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-02-104, § 388-78A-2853, filed 12/31/19, effective 1/31/20.]

WAC 388-78A-2860 Relocation of residents during construction. (1) Prior to moving residents out of the assisted living facility during construction, the assisted living facility must:

Notify the residents and the residents’ representatives at least thirty days prior to the anticipated move date, of the required move, and their options consistent with chapter 70.129 RCW;
Notify the department at least thirty days prior to the an-ticipated move date of the assisted living facility’s plans for relocating residents, including:
The location to which the residents will be relocated;
The assisted living facility’s plans for providing care and services during the relocation;
The assisted living facility’s plans for returning resi-dents to the building; and
The projected time frame for completing the construction.

(2) If the assisted living facility moves all of the residents from the assisted living facility without first obtaining the department’s approval of the relocation plans, the assisted living facility is ordered to stop placement, and the department may revoke the assisted living facility license.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-02-104, § 388-78A-2860, filed 12/31/19, effective 1/31/20. Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2860, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2860, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2870 Vacant buildings. Whenever an assisted living facility moves out all residents and ceases operation for reasons other than construction, under WAC 388-78A-2860, the licensee must relinquish or the department may revoke the assisted living facility license.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-02-104, § 388-78A-2870, filed 12/31/19, effective 1/31/20. Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2870, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2870, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2880 Changing use of rooms. Prior to using a room for a purpose other than what was approved by construction review services, the assisted living facility must:

(1) Notify construction review services: (a) In writing;

Thirty days or more before the intended change in use;
Describe the current and proposed use of the room; and
Provide all additional documentation as requested by con-struction review services;
Obtain the written approval of construction review services for the new use of the room; and
Ensure the facility functional program and room list are up-dated to reflect the change.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-02-104, § 388-78A-2880, filed 12/31/19, effective 1/31/20. Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2880, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2880, filed 7/30/04, effective 9/1/04.]