Here Comes the Sun, and I Say It's All Right!

As part of the August 2013 CMS Sprinkler Mandate, nursing homes were advised that outdoor overhangs and canopies are required to be sprinklered. The Department of Health (DOH) has been issuing deficiencies under K-56 for non-compliance with this requirement. We are aware that some facilities, either in anticipation of survey or in response to a citation, have removed their outdoor canopies. A member cited for K-56 by DOH regional office staff was recently surveyed by a CMS contractor conducting a Life Safety Code (LSC) inspection. The federal surveyor reviewed the outdoor area where the canopy was located and felt that no deficiency existed. The facility subsequently contacted the DOH Office of Architectural & Engineering Review who agreed with the interpretation of the federal surveyor and DOH has since withdrawn the deficiency. 

An outdoor canopy can be a benefit to residents during the summer months. Canopies may differ based on a number of factors including design, location and material. It cannot be assumed that the experience of this member translates directly to canopies at other facilities. However, members should carefully review the citation under K-56, and determine whether the interpretation is correct prior to removing or modifying the canopy. 

Contact: Elliott Frost, efrost@leadingageny.org, 518-867-8832