| (A) obtain an inspection by the local fire marshal,
or the Texas State Fire Marshal's office in locations where there
is no local fire marshal, and correct any items cited by the local
fire marshal or Texas State Fire Marshal's Office to the satisfaction
of those authorities; and
(B) obtain Texas Health and Human Services Commission
(HHSC)approval of the residence in accordance with §565.43 of
this chapter(relating to HHSC Approval of Four Person Residences).
(2) HHSC inspects for certification, as described in
paragraph(1)(A) of this subsection, only if the program provider submits
to the HHSC Architectural Unit:
(A) one of the following:
(i) if the four-person residence is located in a jurisdiction
with a local fire safety authority:
(I) a completed HHSC Form 5606, Life
Safety Code Certification, available on the HHSC website, documenting
that the local fire safety authority having jurisdiction refused to
inspect for certification using the code (i.e., the Life Safety Code
or International Fire Code) for that jurisdiction; and
(II) written documentation from the Texas State Fire
Marshal's Office that it refused to inspect for certification using
the Life Safety Code; or
(ii) if the four-person residence is located in a jurisdiction
without a local fire safety authority, written documentation from
the Texas State Fire Marshal's Office that it refused to inspect for
certification using the Life Safety Code; and
(B) a completed HHSC Form 5604, HCS
Program Provider Request for Life Safety Inspection, available
on the HHSC website.
(3) The program provider must:
(A) obtain the certification required by this subsection
annually; and
(B) ensure that a four-person residence:
(i) contains a copy of the most recent inspection of
the residence by the local fire safety authority, Texas State Fire
Marshal's Office, or HHSC; and
(ii) is in continuous compliance with all applicable
local building codes and ordinances and state and federal laws, rules,
and regulations.
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