Bindinglaw

US · guidance

CMS SOM App. U, Tag R234

§ 403.745 Condition of participation: Building Safety

activein force · 2026-07-22 – presentas-observed

(a) Standard: Building Safety. Except as otherwise provided in this section the

RNHCI must meet the applicable provisions and must proceed in accordance

with the Health Care Facilities Code (NFPA 99 and Tentative Interim

Amendments TIA 12–2, TIA 12–3, TIA 12–4, TIA 12–5 and TIA 12–6).

(b) Standard: Exceptions. Chapters 7, 8, 12, and 13 of the adopted Health Care

Facilities Code do not apply to a RNHCI.

(c) Waiver. If application of the Health Care Facilities Code required under

paragraph (a) of this section would result in unreasonable hardship for the

RNHCI, CMS may waive specific provisions of the Health Care Facilities

Code, but only if the waiver does not adversely affect the health and safety of

individuals.

(d) Incorporation by reference. The standards incorporated by reference in this

section are approved for incorporation by reference by the Director of the

Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. You may inspect a copy at the CMS Information Resource Center,

7500 Security Boulevard, Baltimore, MD or at the National Archives and

Records Administration (NARA). For information on the availability of this

material at NARA, call 202–741–6030,or go to:

http://www.archives.gov/federal

register/codeoffederalregulations/ibr

locations.html. If any changes in this edition of the Code are incorporated

by reference, CMS will publish a document in the Federal Register to

announce the changes.

(1) National Fire Protection Association, 1 Batterymarch Park, Quincy, MA

02169, www.nfpa.org, 1.617.770.3000.

(i) NFPA 99, Standards for Health Care Facilities Code of the National Fire

Protection Association 99, 2012 edition, issued August 11, 2011.

(ii) TIA 12–2 to NFPA 99, issued August 11, 2011.

(iii) TIA 12–3 to NFPA 99, issued August 9, 2012.

(iv) TIA 12–4 to NFPA 99, issued March 7, 2013.

(v) TIA 12–5 to NFPA 99, issued August 1, 2013.

(vi) TIA 12–6 to NFPA 99, issued March 3, 2014.

(2) [Reserved]

Interpretive Guidelines: §403.745

Compliance with 2012 edition of the NFPA 99-Health Care Facilities Code requirements

is assessed by a LSC surveyor during the RNHCI LSC survey. LSC survey procedures,

which include surveying for Health Care Faculties Code requirements, are found in

Appendix I.

History

Rev. 239; Issued: 04-24-26; Effective: 04-24-26; Implementation: 04-24-26

Provenance

Source
cms.gov
Retrieved
2026-07-22
Edition
som-2026-07-22
Content hash
fec606b8659719f205bd7df02729e6ef10cbd4098fd52ad4a8329a717415abc4
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.