Non-compliance with Building Construction Type Limitations
Summary
The facility was found to be non-compliant with the 2012 NFPA 101: 19.1.6.1 regulation, which limits existing health care occupancies to specific building construction types. The building in question was identified as Type II (000) construction, which is restricted to two stories in height and requires complete automatic sprinkler protection. However, the facility was observed to have four floors, indicating a violation of the construction type limitations. This deficiency was noted during a life safety survey conducted on December 17, 2024, between 8:30 am and 11:00 am. The facility is currently working to create a rated ceiling system throughout to address this non-compliance, and a time-limited waiver is in place until October 31, 2025, to allow for the completion of the necessary repairs.
Plan Of Correction
Plan of Correction: Approved January 13, 2025 Element 1 K 161 Corrective Action: The facility was approved for a limited-time waiver with an expiration date of (MONTH) 31, 2025. Brookstone Contractors began the current ceiling replacement with materials and assemblies that are UL-listed to provide a 2-hour rating, and this project started on (MONTH) 19, 2024. Project Status: - Lobby: All ceiling grids, tiles, and lighting have been replaced throughout the lobby, kitchen, IT Room, and all non-clinical areas. - 2 East: Dayrooms/Common area grids, ceiling tiles, and lighting have been completed. - 3 West: Dayroom/Common area grids, ceiling tiles, and lighting have been completed. - 3 East: Dayroom Common area grids, ceiling tiles, and lighting have been replaced. Work to begin on (MONTH) 11, 2025, in the following resident rooms: E 300, 302, 303, 304, 305, 306, 308, 309, 311, 315, 317, 318, 339. - 4 East: Completed. - 4 West: Dayroom Common area grids, ceiling areas, and lighting have been completed. Work on the following resident rooms has been completed: 400, 402, 404, 406, 408, 410. Element 2: All residents have the potential to be affected by this practice. Element 3: The maintenance director oversees the project to ensure Interim Life Safety plan compliance. Staff members responsible for facility maintenance are trained on the periodic inspection of fire-rated ceiling systems. The facility will communicate quarterly updates to the Department of Health. Element 4: Monitoring: The maintenance director will audit weekly measures such as fire watch during construction, increased fire drills, and staff training at the facility. The results of this audit will be reported to the administrator monthly. The maintenance director will submit quarterly reports to the QAPI Committee for 3 quarters. The QAPI Committee will determine if any further action is required. Element 5: Person Responsible: Director of Maintenance.
Penalty
Surveyors found that the facility, classified as a five-story Type II (000) unprotected non-combustible building with a basement, exceeded the maximum allowable number of stories for its construction type, despite being fully sprinklered. This non-compliance with NFPA 101 fire resistance requirements was confirmed by facility leadership and affects the entire building.
The facility did not follow up on a vendor-provided building structural assessment quote that was part of an ongoing plan of correction, as confirmed by document review and interview with the maintenance supervisor. This failure potentially affected the building's structural integrity.
Surveyors found that the facility did not maintain the required fire resistive rating on one floor, as missing rated ceiling tiles were observed in the second floor IT/Conference Room and confirmed by the Administrator and Maintenance Director.
Surveyors found that the facility is a four-story, Type II (000) unprotected noncombustible structure that is fully sprinklered, which exceeds the maximum number of stories allowed by the 2012 Life Safety Code for this construction type. Facility leadership confirmed the building's structure does not meet code requirements.
A survey found that the facility is a three-story, Type II (000) unprotected noncombustible building with a basement, which exceeds the maximum allowable story height for this construction type. The Director of Maintenance confirmed that the building's construction type and height are not permitted under current regulations.
During a facility inspection, an unsealed four-inch penetration was found in the ceiling of the electrical room, with a conduit passing through. The Maintenance Consultant stated that this resulted from recent utility upgrades where the vendor did not seal the opening after completing their work. The deficiency affected one of two smoke compartments.
Non-Compliance with Fire Resistance Rating Due to Excessive Building Height
Penalty
Summary
Surveyors determined that the facility failed to maintain compliance with the fire resistance rating requirements for building construction as outlined in NFPA 101. During document review and observation, it was found that the facility is a five-story building with a basement, classified as Type II (000) unprotected non-combustible construction, and is fully sprinklered. According to the applicable code, this construction type is not permitted to exceed one story, even if sprinklered, but the facility exceeds this limit by three stories. This deficiency was confirmed during an exit interview with the Administrator and Maintenance Directors, who acknowledged that the building's story height does not meet the maximum allowance for its construction type. The deficiency affects the entire facility, as the building's structure does not align with the required fire safety standards for its classification.
Plan Of Correction
On CMS guidance, a Time Limited Waiver will be initiated related to this deficient practice. Subsequently, CMS changed the FSES calculation, relieving health care occupancies of the NFPA standard requiring fire-protective coating for structural steel supports in buildings of five stories or more. A life safety consultant will be contracted to perform an updated FSES related to this deficient practice.
Failure to Follow Up on Building Structural Assessment
Penalty
Summary
The facility failed to maintain compliance with NFPA 101 requirements regarding building construction type and height. Specifically, the facility did not follow up on a building structural assessment quote that was provided by a vendor as part of an ongoing plan of correction. This quote was initially obtained in response to a previous survey, but no further action was taken to address the structural assessment needs. During document review and an interview with the maintenance supervisor, it was confirmed that the facility did not proceed with the necessary follow-up on the structural assessment. This inaction potentially affected the structural integrity of the building, as the required evaluation and any subsequent actions were not completed.
Plan Of Correction
The building structural assessment quote from February 27, 2025, will be reviewed with the Regional team and vendor for availability for service completion. The Director of Maintenance will follow up once a date is confirmed that the work will be completed. The Director of Maintenance will report to the monthly Quality Assurance meeting on the progress of the work.
Failure to Maintain Fire Resistive Rating Due to Missing Ceiling Tiles
Penalty
Summary
Surveyors determined that the facility failed to maintain the required fire resistive rating of the building construction, specifically affecting one of two floors. During an observation, missing rated ceiling tiles were identified in the second floor IT/Conference Room. This deficiency was confirmed during an exit interview with the Administrator and Maintenance Director, who acknowledged the absence of the required ceiling tiles. No information regarding residents, their medical history, or their condition at the time of the deficiency was provided in the report.
Plan Of Correction
Maintenance director replaced missing rated ceiling tiles in the first floor mechanical room on 8/18/2025. The Maintenance Director will conduct a facility-wide audit for any missing rated ceiling tiles and replace tiles as indicated. Maintenance director to be reeducated on policy K0161 by the NHA or Designee. Compliance will be monitored by the Maintenance Director/Designee through 5 random audits weekly x 4 for any ceiling tiles that need to be replaced. Audit results to be reviewed at the QA Committee to determine the need for further follow-up/monitoring.
Noncompliance with Building Construction Type and Height Requirements
Penalty
Summary
Surveyors determined that the facility failed to comply with building construction requirements as outlined in the 2012 Edition of the Life Safety Code. During a document review and on-site observation, it was found that the facility is a four-story, Type II (000) unprotected noncombustible structure that is fully sprinklered. According to the Life Safety Code, this type of construction is not permitted to exceed two stories for an existing sprinklered health care occupancy. The deficiency was confirmed during an exit conference with facility leadership, including the Administrator, Regional Director, Regional Maintenance Director, and Environmental Services Director. The facility's documentation and physical structure did not meet the required standards for the number of stories allowed for its construction type, as specified by the applicable code.
Plan Of Correction
Facility is requesting DOH complete an FSES for us. Center will submit life safety drawings that were requested.
Noncompliance with Building Construction Type and Height Requirements
Penalty
Summary
The facility failed to maintain compliance with building construction requirements as specified by NFPA 101. During an observation, it was found that the building is a three-story, Type II (000) unprotected noncombustible structure with a basement, which exceeds the maximum allowable story height for this construction type. The deficiency was confirmed through an interview with the Director of Maintenance, who acknowledged that the construction type and height do not meet the permitted standards. No information about specific residents or their conditions was provided in the report. The deficiency centers on the facility's noncompliance with the required building construction type and height limitations, as the structure's number of stories surpasses what is allowed for its construction classification.
Unsealed Ceiling Penetration in Electrical Room
Penalty
Summary
A deficiency was identified during a facility tour and interview with the Maintenance Consultant, where an unsealed penetration was observed in the ceiling of the electrical room. The penetration, approximately four inches in size, was located on the south side of the electrical room ceiling, with a conduit passing through the space. This condition was noted during an inspection and was directly observed by the surveyor. The Maintenance Consultant explained that the facility had recently undergone utility upgrades, and the vendor responsible for the work failed to seal the penetration after completing the project. This unsealed opening was present in one of two smoke compartments within the building. No information was provided regarding any residents or their medical conditions in relation to this deficiency.
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