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Delaware Code Title 16. Health and Safety § 1009. Construction

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) All construction, whether new or renovation, must conform to the design and construction standards established by the Department.

(1) A “renovation” is:

a. The strengthening or upgrading of building elements, materials, equipment, or fixtures that does not result in a reconfiguration of the building spaces within; or

b. Any reconfiguration of a space that affects an exit, a corridor, or any component of a means of egress; or

c. Work that changes the current designated purpose or occupancy classification of a building space.

(2) Cosmetic changes such as repainting or changing carpeting are not considered renovations.

(b) When a hospital plans to construct or renovate any buildings or spaces within a building, 2 copies of properly prepared plans and specifications for the entire project shall be submitted to the Department.

(c) An approval, in writing, shall be obtained from the Department before construction or renovation work is begun.

(d) Hospitals wishing to construct or renovate must apply to the Department and submit the appropriate fee for approval. The fee structure for plan review shall be as follows:

New Construction

Square footage

Fee

10,000 or less

$250

10,001-20,000

$300

20,001-30,000

$350

30,001-40,000

$400

40,001-50,000

$450

50,001-above

$500

Renovations

Square footage

Fee

5,000 or less

$100

5,001-10,000

$150

10,001-15,000

$200

15,001-20,000

$250

20,001-25,000

$300

25,001-30,000

$350

30,001-35,000

$400

35,001-40,000

$450

40,001-above

$500

(e) After the hospital has submitted all required documentation, the Department shall review the submission within a timeframe agreed upon by both parties.

(f) Hospitals failing to complete the plan review process and receive approval prior to construction or renovation shall be subject to a $5,000 fine for each project.

(g) Any licensure fees or fines collected by the Department pursuant to this section are hereby appropriated to, and shall be retained by, the Department to defray operating expenses associated with this chapter.

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Cite this article: FindLaw.com - Delaware Code Title 16. Health and Safety § 1009. Construction - last updated January 01, 2022 | https://codes.findlaw.com/de/title-16-health-and-safety/de-code-sect-16-1009.html

Read this complete Delaware Code Title 16. Health and Safety § 1009. Construction on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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