US · guidance
CMS SOM App. U, Tag R234
§ 403.745 Condition of participation: Building Safety
(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/codeoffederalregulations/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
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