<<Back

Historical Rule for the Texas Administrative Code

TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 92LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER DFACILITY CONSTRUCTION
RULE §92.64Plans, Approvals, and Construction Procedures

      (ii) record drawings of the fire detection and alarm system as installed, signed by an Alarm Planning Superintendent licensed by the State Fire Marshal's office or bearing the seal of a licensed professional engineer, including a sequence of operation, the owner's manuals, and the manufacturer's published instructions covering all system equipment;

      (iii) a signed copy of the State Fire Marshal's Office Fire Alarm Installation Certificate;

      (iv) for software-based fire alarm systems, a record copy of the site-specific software, excluding the system executive software or external programmer software in a non-volatile, non-erasable, non-rewritable memory;

      (v) documentation of materials used in the building which have a specific limited fire or flame spread rating, including special wall finishes or floor coverings, flame retardant curtains, including cubicle curtains, and rated ceilings;

      (vi) a signed letter from the installer of carpeting verifying that the carpeting is named in the laboratory test document;

      (vii) record drawings of the fire sprinkler system as installed, signed by a Responsible Managing Employee licensed by the State Fire Marshal's Office, or bearing the seal of a licensed professional engineer, including the hydraulic calculations, fire alarm configuration, aboveground and underground Contractor's Material and Test Certificate;

      (viii) all literature and instructions provided by the sprinkler system manufacturer describing the proper operation and maintenance of all equipment and devices in accordance with NFPA 25;

      (ix) service contracts for maintenance and testing of alarm systems, sprinkler systems, and other systems;

      (x) a copy of a gas test results of the facility's gas lines from the meter;

      (xi) a written statement from an architect or engineer stating that, from periodic onsite observation visits, the facility as constructed is, to the best of architect or engineer's knowledge and belief, in substantial compliance with the architect or engineer's contract documents, the Life Safety Code, DADS licensure standards, and local codes; and

      (xii) the contract documents described in paragraph (2) of this section.

  (5) Non-approval of new construction.

    (A) If, during the initial on-site survey of completed construction, the surveyor finds certain basic requirements not met, DADS may recommend that the facility not be licensed and approved for occupancy. The items that may trigger non-approval include:

      (i) substantial changes made during construction that were not submitted to DADS for review and which may require revised "as-built" drawings to cover the changes, including architectural, structural, mechanical, and electrical items specified in paragraph (3)(B) of this section;

      (ii) construction that does not meet minimum Life Safety Code or DADS licensure standards, including corridors that are less than required width, ceilings installed at less than the minimum seven-foot six-inch height, resident bedroom dimensions less than required, and other features which would disrupt or otherwise adversely affect the residents and staff if corrected after occupancy;

      (iii) lack of written approval by local authorities;

      (iv) fire protection systems, including fire alarm systems, emergency power and lighting, and sprinkler systems, not completely installed or not functioning properly;

      (v) required exits not all usable according to NFPA 101 requirements;

      (vi) telephones that are not installed or not properly working;

      (vii) sufficient basic furnishings, essential appliances, and equipment that are not installed or not functioning; and

      (viii) any other basic operational or safety feature which would preclude safe and normal occupancy by residents on that day.

    (B) If the surveyor encounters only minor deficiencies, licensure may be recommended based on an approved written plan of correction from the facility's administrator.

    (C) A facility must submit two copies of reduced size floor plans on an 8 1/2 inch by 11 inch sheet to DADS for DADS records and the facility's use for evacuation plans and fire alarm zone identification. The plan must contain basic legible information including scale, room usage names, actual bedroom numbers, doors, windows, and any other pertinent information.


Source Note: The provisions of this §92.64 adopted to be effective August 1, 2000, 25 TexReg 6361; amended to be effective September 1, 2003, 28 TexReg 3830; amended to be effective January 6, 2014, 39 TexReg 90

Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page