[Code of Federal Regulations]
[Title 42, Volume 3, Parts 430 to End]
[Revised as of October 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR482.41]

[Page 364-365]
 
PART 482--CONDITIONS OF PARTICIPATION FOR HOSPITALS--Table of Contents
 
                   Subpart C--Basic Hospital Functions
 
Sec. 482.41  Condition of participation: Physical environment.

    The hospital must be constructed, arranged, and maintained to ensure 
the safety of the patient, and to provide facilities for diagnosis and 
treatment and for special hospital services appropriate to the needs of 
the community.
    (a) Standard: Buildings. The condition of the physical plant and the 
overall hospital environment must be developed and maintained in such a 
manner that the safety and well-being of patients are assured.
    (1) There must be emergency power and lighting in at least the 
operating, recovery, intensive care, and emergency rooms, and 
stairwells. In all other areas not serviced by the emergency supply 
source, battery lamps and flashlights must be available.
    (2) There must be facilities for emergency gas and water supply.
    (b) Standard: Life safety from fire. (1) Except as provided in 
paragraphs (b)(1)(i) through (b)(1)(iii) of this section, the hospital 
must meet the applicable provisions of the 1985 edition of the Life 
Safety Code of the National Fire Protection Association (which is 
incorporated by reference).\1\
---------------------------------------------------------------------------

    \1\ See footnote to Sec. 405.1134(a) of this chapter.
---------------------------------------------------------------------------

    (i) Any hospital that on November 26, 1982, complied, with or 
without waivers, with the requirements of the 1967 edition of the Life 
Safety Code, or on May 9, 1988, complied with the 1981 edition of the 
Life Safety Code, is considered to be in compliance with this standard 
as long as the facility continues to remain in compliance with that 
edition of the Code.
    (ii) After consideration of State survey agency findings, HCFA may 
waive specific provisions of the Life Safety Code which, if rigidly 
applied, would result in unreasonable hardship upon the facility, but 
only if the waiver does not adversely affect the health and safety of 
patients.
    (iii) The provisions of the Life Safety Code do not apply in a State 
where HCFA finds that a fire and safety code imposed by State law 
adequately protects patients in hospitals.

[[Page 365]]

    (2) The hospital must have procedures for the proper routine storage 
and prompt disposal of trash.
    (3) The hospital must have written fire control plans that contain 
provisions for prompt reporting of fires; extinguishing fires; 
protection of patients, personnel and guests; evacuation; and 
cooperation with fire fighting authorities.
    (4) The hospital must maintain written evidence of regular 
inspection and approval by State or local fire control agencies.
    (c) Standard: Facilities. The hospital must maintain adequate 
facilities for its services.
    (1) Diagnostic and therapeutic facilities must be located for the 
safety of patients.
    (2) Facilities, supplies, and equipment must be maintained to ensure 
an acceptable level of safety and quality.
    (3) The extent and complexity of facilities must be determined by 
the services offered.
    (4) There must be proper ventilation, light, and temperature 
controls in pharmaceutical, food preparation, and other appropriate 
areas.

[51 FR 22042, June 17, 1986, as amended at 53 FR 11509, Apr. 7, 1988]