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4658.4040 SITE; NEW CONSTRUCTION.

A nursing home must be so located as to protect at all times the health, comfort, and safety of residents. The factors in selecting the site for a new nursing home must include the following in items A to J.

A.

Public utilities must be available.

B.

The water supply must be obtained from an approved public water supply system. If none is available, water must be obtained from a water supply system whose location, construction, and operation complies with parts 4720.0010 to 4720.4600 and, where applicable, parts 4725.0050 to 4725.7450. Plans and specifications for a private water supply system must be approved before construction of the system or the nursing home is started.

C.

Sewage and other liquid wastes must be discharged into an approved public sewer system where available. If none is available, sewage must be collected, treated, and disposed of in a sewage disposal system which is designed, located, constructed, and operated according to chapter 7080. Plans and specifications for a private sewage disposal system must be approved before construction of the system or the nursing home is started.

D.

The site must be no closer than 300 feet to the right-of-way of a railroad main line or to the property line of industrial developments which are nuisance-producing or hazardous to health under state or local law.

E.

The site must not be located within 85 feet of underground or 300 feet of aboveground storage tanks or warehouses containing flammable liquids.

F.

The site must be publicly accessible to fire department services, medical services, and community activities.

G.

The topography must provide good natural drainage and not be subject to flooding.

H.

Adequate all-weather roads and walks must be provided within the lot lines to the primary entrance and the service entrance, including employees' and visitors' parking at the site.

I.

The primary entrance must be accessible for the elderly and individuals with disabilities.

J.

The site must include space for outdoor activities.

Statutory Authority:

MS s 115.03; 115.55; 115.56; 144A.04; 144A.08

History:

21 SR 196; 24 SR 426

Published Electronically:

October 2, 2013

Official Publication of the State of Minnesota
Revisor of Statutes