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NFPA 99 - Edition Adoption Date

What is the requirement for retroactive compliance with NFPA 99-1999?

Any examples are for illustrative purposes only

Effective July 5, 2016, the Centers for Medicare and Medicaid (CMS) adopted the 2012 edition of NFPA 99, Health Care Facilities Code.  

Facilities in which final plans were approved by the Authority Having Jurisdiction (AHJ) before July 5, 2016 are considered "existing." Section 1.3 of NFPA 99 does not require retroactive compliance in existing facilities unless alteration, renovation, or modernization has occurred or any of the organization's controlling authorities have specific requirements.  Where a CMS Condition of Participation (CoP) or a Joint Commission Standard and Element of Performance (EP) refer to a specific requirement from NFPA 99, compliance is expected regardless of whether the facility is new or existing.
  • Example:  Section of NFPA 99 requires that "Zone valve boxes shall be installed where they are visible and accessible at all times."  This requirement also applies to existing installations because the requirements are referenced in the language of EC.02.05.09 EP 11 and CMS Tag K909. 
For other NFPA 99 requirements that are not expressly identified in the language of a CoP or an EP, facilities will be held to the code requirements that were in effect at the time of construction and maintain compliance with that version.

The first NFPA 99 edition was published in 1984.  The 1999 edition was adopted by The Joint Commission and CMS in 2003. For the years between, use the edition required by the organization's controlling authority for health care construction. In order to be relieved of 1999 edition requirements, the organization must know the applicable requirements of construction for their facilities.
Manual: Assisted Living Community
Chapter: Environment of Care EC
First published date: April 11, 2016 This Standards FAQ was first published on this date.
This page was last updated on October 28, 2021

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