(p) Notwithstanding any of the other provisions of this section, the department shall not issue a license to establish or maintain and operate a long-term care facility to an applicant who applies to the department for said license to establish or maintain and operate a convalescent or nursing home unless the applicant for such license submits to the department a certificate that each building to be occupied by residents of such convalescent or nursing home meets the construction standards of the state building code, and is of at least type 1–B fireproof construction; provided, however, that this subsection shall not apply in the instance of a transfer of facility operations of a convalescent or nursing home whose license has not been revoked as of the time of such transfer; and provided, further, that a public medical institution as defined in section 8 of chapter 118E, which meets the construction standards as defined herein, shall not be denied a license as a long-term care facility pursuant to this section because it was not of new construction and designed for the purpose of operating a long-term care facility at the time of application for a license to operate a long-term care facility. An intermediate care facility for persons with an intellectual disability shall be required to meet the construction standards established for such facilities by Title XIX of the Social Security Act, Public Law 89–97 and any regulations promulgated pursuant thereto, and by regulations promulgated by the department.