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(2) space which will not be counted in determining bed capacity includes

(A) nurseries for newborn in the maternity department;

(B) labor rooms;

(C) recovery rooms;

(D) emergency units;

(E) preparation or anesthesia induction rooms;

(F) rooms used for diagnostic or treatment procedures;

(G) hospital staff bed areas, including accommodations for on-call staff;

(H) corridors;

(I) solaria, waiting rooms, and similar areas which are not permanently set aside, equipped, and staffed exclusively for inpatient bed care; and

(J) unfinished space, which does not include an area which is finished except for movable equipment. (f) Bed space under construction on or after November 19, 1983 must contain,

(1) for each patient, fixed available oxygen, suction, a bedlight, and a closet;

(2) for every two patients, a lavatory with fixtures and adjacent toilet; and

(3) for each bed in a multiple-bed room, cubicle curtain tracks. (g) Facilities in existence before January 1, 1995, will be allowed a variance of 10 square feet from the standards for square footage of patient rooms required by Guidelines for Design and Construction of Hospital and Health Care Facilities, adopted by reference in (b)(1) of this section. (h) Except as provided in 7 AAC 12.150(h), the department may waive compliance with, or grant a variance from, a requirement in this section if the commissioner determines that an equivalent alternative is provided and the safety and well-being of patients is assured. If a facility wishes to obtain a waiver or variance, its governing body must apply in writing to the commissioner and must include in the application

(1) the justification for the waiver;

(2) an explanation of the reasons why the particular requirement cannot be satisfied;

(3) a description of the equivalent alternative proposed; and

(4) if the application for waiver involves fire safety or other municipal or state requirements, evidence that it has been reviewed by the appropriate municipal or state