(a) (1) No later than six (6) months from April 13, 2001, each nursing facility or nursing home shall submit for approval to the Office of Long-Term Care plans prepared by a licensed architect, engineer, electrician, or individual deemed qualified by the manufacturer of the generator for the installation of an emergency generator sufficient to provide:

(A)

(i) For existing facilities, power to critical systems for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies.

(ii) However, nursing facilities are not required to provide heating or cooling to areas not designated and approved as areas of refuge; and

(B) For facilities constructed after April 13, 2001, power to all systems in the entire nursing facility that require electric power for operation for a period of no less than forty-eight (48) continuous hours in the event of interruption of normal power supplies:

(i) Facilities constructed after April 13, 2001, are not required to provide power to air conditioning systems to residents' rooms; and

(ii) Facilities constructed after April 13, 2001, are required to provide power to air conditioning systems for areas of refuge.

(2) By November 1, 2002, each facility shall either:

(A) Have the emergency generator installed and functioning; or

(B)

(i) Have appropriate access for an emergency generator to be installed and functioning and have signed a lease agreement ensuring that the facility will have an approved emergency generator installed and functioning within eight (8) hours of an emergency electrical outage.

(ii) However, facilities shall provide emergency power to life-sustaining equipment and life-support equipment and to exit lighting immediately upon loss of normal or regular power supplies.

(3) If the office determines that a plan does not meet the requirements of this subchapter:

(A) The office shall notify the facility in writing that the plan is unacceptable and shall state the specific deficiencies in the plan; and

(B)

(i) The facility shall submit a revised plan to the office within sixty (60) days of the date of the written notice.

(ii) The revised plan shall correct the deficiencies listed in the written notice to the office.

(4)

(A) If a facility does not agree with the determination by the office that a plan is unacceptable, the facility may appeal the determination pursuant to § 20-10-303 [repealed].

(B) However, the filing of an appeal shall not stay the requirements under subdivision (a)(2) of this section.

(b)

(1) At least one (1) time a year, the facility shall have the system tested by a licensed engineer or other individual deemed qualified by the manufacturer of the generator to ensure that the system will operate as required in the event of loss of normal power.

(2) The facility shall retain a copy of the statement of the qualified professional attesting to the fitness of the system until the next licensure survey by the office.

(c)

(1) The facility shall start the emergency generator at least one (1) time each month and shall ensure that the generator remains in proper operating condition.

(2) The facility shall perform all recommended and required maintenance and tests on the emergency system as specified by the manufacturer of the system or as recommended by the person or entity performing the installation.

(3) Until the next licensure survey by the office, the facility shall record and maintain a log of all maintenance performed by the facility and of each monthly start-up and the operating condition of the generator at each monthly start-up.

(d) Unless otherwise specified in this subchapter, the installation and maintenance of the generator shall meet the requirements specified in National Fire Protection Association publications.