Non-compliance with Building Construction Type Requirements
Summary
The facility was found to be non-compliant with the 2012 NFPA 101: 19.1.6.1, which limits existing health care occupancies to specific building construction types. The nursing home building is a four-story Type II (000) construction, which exceeds the allowed two stories for this type of construction and requires complete automatic sprinkler protection. During the recertification survey, it was observed that while the elevator room and mechanical rooms on the first floor have protected steel beams, the steel beams and ceilings above the drop ceiling on floors two through four remain unprotected. The Administrator acknowledged that the facility had a time-limited waiver, which expired in 2024, and cited the facility's non-profit status as a reason for the delay in obtaining funding to complete the necessary repairs. The facility has made some progress by replacing light fixtures with compliant fire-rated fixtures and starting to replace ceiling tiles in certain areas.
Plan Of Correction
Plan of Correction: Approved January 24, 2025 Immediate Corrective Action Brooklyn United Methodist Church Home is requesting a three (3) year waiver in order to complete the work already in progress to satisfy the K161 citation. Brooklyn United Methodist Church Home, a not-for-profit nursing facility, needed to apply for a loan in order to remedy the K161 deficiency cited in 2022 and simultaneously also applied for a two (2) year time limited waiver, also in order to complete the work necessary to comply with K161. The loan process took more than 18 months for approval, which negatively impacted the start of the project and the time limited waiver, which has since expired. Since the approval of the loan, Brooklyn United Methodist Church Home has fireproofed the steel beams in the electrical room, the mechanical room, and the boiler room. In addition, Brooklyn United Methodist Church Home has replaced all the light fixtures in the facility with compliant fire rated fixtures. Also, it is important to note that all the grids in the facility are fire rated so as to accommodate the installation of fire rated ceiling tiles. Further, the facility has purchased fire rated ceiling tiles and has installed the fire rated ceiling tiles on two (2) quadrants of the fourth (4th) floor. As such, Brooklyn United Methodist Church Home, with a time waiver extension of three (3) years, would be able to complete the required fireproofing of the facility with fire rated ceiling tiles as follows: Year 1 – Complete the Fourth (4th) and Third (3rd) floors Year 2 – Complete the Second (2nd) floor, and Year 3 – Complete the First (1st) floor II. Identification of Other Residents Brooklyn United Methodist Church Home acknowledges that the residents have the potential to be affected by this practice. The facility respectfully states that there is no additional risk to the residents as the facility is fully sprinklered throughout and smoke detectors installed that are supervised by an approved outside entity. III. Systemic Changes All staff will receive in-service education regarding the life safety issues related to this requirement. The facility will conduct an extra fire drill on each shift per quarter until the fireproof ceiling tile work is completed. Additional fire extinguishers will be maintained on each unit of the facility. The Administrator will work to secure a three (3) year waiver. IV. QA Monitoring The Administrator will monitor the status of the waiver request and any progress made in the process of continuing the work to fireproof the facility with fire rated ceiling tiles. The Administrator will provide a written report monthly to the QA committee, and said reports will be reviewed quarterly by the QAPI committee at the quarterly QAPI meetings.
Penalty
Surveyors found that the facility, classified as a five-story Type II (000) unprotected non-combustible building with a basement, exceeded the maximum allowable number of stories for its construction type, despite being fully sprinklered. This non-compliance with NFPA 101 fire resistance requirements was confirmed by facility leadership and affects the entire building.
The facility did not follow up on a vendor-provided building structural assessment quote that was part of an ongoing plan of correction, as confirmed by document review and interview with the maintenance supervisor. This failure potentially affected the building's structural integrity.
Surveyors found that the facility did not maintain the required fire resistive rating on one floor, as missing rated ceiling tiles were observed in the second floor IT/Conference Room and confirmed by the Administrator and Maintenance Director.
Surveyors found that the facility is a four-story, Type II (000) unprotected noncombustible structure that is fully sprinklered, which exceeds the maximum number of stories allowed by the 2012 Life Safety Code for this construction type. Facility leadership confirmed the building's structure does not meet code requirements.
A survey found that the facility is a three-story, Type II (000) unprotected noncombustible building with a basement, which exceeds the maximum allowable story height for this construction type. The Director of Maintenance confirmed that the building's construction type and height are not permitted under current regulations.
During a facility inspection, an unsealed four-inch penetration was found in the ceiling of the electrical room, with a conduit passing through. The Maintenance Consultant stated that this resulted from recent utility upgrades where the vendor did not seal the opening after completing their work. The deficiency affected one of two smoke compartments.
Non-Compliance with Fire Resistance Rating Due to Excessive Building Height
Penalty
Summary
Surveyors determined that the facility failed to maintain compliance with the fire resistance rating requirements for building construction as outlined in NFPA 101. During document review and observation, it was found that the facility is a five-story building with a basement, classified as Type II (000) unprotected non-combustible construction, and is fully sprinklered. According to the applicable code, this construction type is not permitted to exceed one story, even if sprinklered, but the facility exceeds this limit by three stories. This deficiency was confirmed during an exit interview with the Administrator and Maintenance Directors, who acknowledged that the building's story height does not meet the maximum allowance for its construction type. The deficiency affects the entire facility, as the building's structure does not align with the required fire safety standards for its classification.
Plan Of Correction
On CMS guidance, a Time Limited Waiver will be initiated related to this deficient practice. Subsequently, CMS changed the FSES calculation, relieving health care occupancies of the NFPA standard requiring fire-protective coating for structural steel supports in buildings of five stories or more. A life safety consultant will be contracted to perform an updated FSES related to this deficient practice.
Failure to Follow Up on Building Structural Assessment
Penalty
Summary
The facility failed to maintain compliance with NFPA 101 requirements regarding building construction type and height. Specifically, the facility did not follow up on a building structural assessment quote that was provided by a vendor as part of an ongoing plan of correction. This quote was initially obtained in response to a previous survey, but no further action was taken to address the structural assessment needs. During document review and an interview with the maintenance supervisor, it was confirmed that the facility did not proceed with the necessary follow-up on the structural assessment. This inaction potentially affected the structural integrity of the building, as the required evaluation and any subsequent actions were not completed.
Plan Of Correction
The building structural assessment quote from February 27, 2025, will be reviewed with the Regional team and vendor for availability for service completion. The Director of Maintenance will follow up once a date is confirmed that the work will be completed. The Director of Maintenance will report to the monthly Quality Assurance meeting on the progress of the work.
Failure to Maintain Fire Resistive Rating Due to Missing Ceiling Tiles
Penalty
Summary
Surveyors determined that the facility failed to maintain the required fire resistive rating of the building construction, specifically affecting one of two floors. During an observation, missing rated ceiling tiles were identified in the second floor IT/Conference Room. This deficiency was confirmed during an exit interview with the Administrator and Maintenance Director, who acknowledged the absence of the required ceiling tiles. No information regarding residents, their medical history, or their condition at the time of the deficiency was provided in the report.
Plan Of Correction
Maintenance director replaced missing rated ceiling tiles in the first floor mechanical room on 8/18/2025. The Maintenance Director will conduct a facility-wide audit for any missing rated ceiling tiles and replace tiles as indicated. Maintenance director to be reeducated on policy K0161 by the NHA or Designee. Compliance will be monitored by the Maintenance Director/Designee through 5 random audits weekly x 4 for any ceiling tiles that need to be replaced. Audit results to be reviewed at the QA Committee to determine the need for further follow-up/monitoring.
Noncompliance with Building Construction Type and Height Requirements
Penalty
Summary
Surveyors determined that the facility failed to comply with building construction requirements as outlined in the 2012 Edition of the Life Safety Code. During a document review and on-site observation, it was found that the facility is a four-story, Type II (000) unprotected noncombustible structure that is fully sprinklered. According to the Life Safety Code, this type of construction is not permitted to exceed two stories for an existing sprinklered health care occupancy. The deficiency was confirmed during an exit conference with facility leadership, including the Administrator, Regional Director, Regional Maintenance Director, and Environmental Services Director. The facility's documentation and physical structure did not meet the required standards for the number of stories allowed for its construction type, as specified by the applicable code.
Plan Of Correction
Facility is requesting DOH complete an FSES for us. Center will submit life safety drawings that were requested.
Noncompliance with Building Construction Type and Height Requirements
Penalty
Summary
The facility failed to maintain compliance with building construction requirements as specified by NFPA 101. During an observation, it was found that the building is a three-story, Type II (000) unprotected noncombustible structure with a basement, which exceeds the maximum allowable story height for this construction type. The deficiency was confirmed through an interview with the Director of Maintenance, who acknowledged that the construction type and height do not meet the permitted standards. No information about specific residents or their conditions was provided in the report. The deficiency centers on the facility's noncompliance with the required building construction type and height limitations, as the structure's number of stories surpasses what is allowed for its construction classification.
Unsealed Ceiling Penetration in Electrical Room
Penalty
Summary
A deficiency was identified during a facility tour and interview with the Maintenance Consultant, where an unsealed penetration was observed in the ceiling of the electrical room. The penetration, approximately four inches in size, was located on the south side of the electrical room ceiling, with a conduit passing through the space. This condition was noted during an inspection and was directly observed by the surveyor. The Maintenance Consultant explained that the facility had recently undergone utility upgrades, and the vendor responsible for the work failed to seal the penetration after completing the project. This unsealed opening was present in one of two smoke compartments within the building. No information was provided regarding any residents or their medical conditions in relation to this deficiency.
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