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Historical Rule for the Texas Administrative Code

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

      (iii) documentation of materials used in the building which are required to have a specific limited fire or flame spread rating, including special wall finishes or floor coverings, flame retardant curtains (including cubicle curtains), rated ceilings, etc., and, in the case of carpeting, a signed letter from the installer verifying that the carpeting installed is named in the laboratory test document;

      (iv) approval of the completed sprinkler system installation by the Texas Department of Insurance or designing engineer. A copy of the material list and test certification must be available;

      (v) service contracts for maintenance and testing of alarm systems, sprinkler systems, etc.;

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

      (vii) a written statement from an architect/engineer stating, to the best of his/her knowledge, the building was constructed in substantial compliance with the construction documents, the Life Safety Code, DHS licensure standards, and local codes; and

      (viii) any other such documentation as needed.

  (5) Nonapproval of new construction.

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

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

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

      (iii) no written approval by local authorities;

      (iv) fire protection systems, including, but not limited to, 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) telephone not installed or not properly working;

      (vii) sufficient basic furnishings, essential appliances, and equipment 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) Copies of reduced size floor plans on an 8 1/2 inch by 11 inch sheet must be submitted in duplicate to DHS for record/file use and for the facility's use for evacuation plan, fire alarm zone identification, etc. The plan must contain basic legible information such as 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

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