(1) Except as provided in subsections (2) and (3) of this section, any construction on or after August 20, 2005, must comply with this chapter.

(2) RTFs that are licensed and operating on August 20, 2005, may continue to operate without modifications to the facility, unless specifically required under this chapter, or as deemed necessary by either the local building official, the department, other licensing regulators, the state fire marshal, for the general safety and welfare of the occupants and public.

(3) Facilities providing pediatric transitional care services in a licensed capacity before January 1, 2019, are not subject to construction review by the department for an initial department of health license according to this chapter.