| (a) Local fire authority. All initial, change of ownership,
and renewal applications for licensure must include the written approval
of the local fire authority that the facility and its operation meet
local fire ordinances. The written approval must be uploaded into
the application in the online portal.
(b) Local health authority. The following procedures
allow the local health authority to provide recommendations to HHSC
concerning facility licensure.
(1) New facility. The sponsor of a new facility under
construction or a previously unlicensed facility must provide to HHSC
a copy of a dated written notice to the local health authority that
construction or modification has been or will be completed by a specific
date. This notice must be uploaded into the application submitted
through the online portal. The sponsor must also provide a copy of
a dated written notice of the approval for occupancy by the local
fire marshal or local building code authority, if applicable, by uploading
the notice into the application submitted through the online portal.
The local health authority may provide recommendations to the HHSC
Regulatory Services Licensing and Credentialing Section regarding
the status of compliance with local codes, ordinances, or regulations.
(2) Increase in capacity. The license holder must submit
an application through the online portal for approval of an increase
in capacity from the HHSC Regulatory Services Licensing and Credentialing
Section. The license holder must notify the local fire marshal and
health authority of the request. The license holder must arrange for
the inspection of the facility by the local fire marshal. The facility
must upload a copy of the written notice sent to the local health
authority notifying them of the increase in capacity into the capacity
increase application submitted through the online portal. HHSC approves
the application only if the facility is found to be in compliance
with the standards. Upon approval, the HHSC Regulatory Licensing and
Credentialing Section issues a license with the increased capacity.
(3) Change of ownership. The applicant for a change
of ownership license must provide to HHSC a copy of a letter notifying
the local health authority of the request for a change of ownership
by uploading the letter into the change of ownership application submitted
through the online portal. The local health authority may provide
recommendations to HHSC regarding the status of compliance with local
codes, ordinances, or regulations.
(4) Renewal. The applicant for renewal must provide
to HHSC a copy of a letter notifying the local health authority of
the request for a renewal by uploading the letter into the renewal
application submitted through the online portal. The local health
authority may provide recommendations to HHSC regarding the status
of compliance with local codes, ordinances, or regulations. The local
authority may also recommend that a state license be issued or denied;
however, the final decision on licensure status remains with HHSC.
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