| (a) Construction.
(1) Major construction. Construction, of other than
minor alterations, shall not commence until the final plan review
deficiencies have been satisfactorily resolved, the appropriate plan
review fee according to the plan review schedule in §510.26 of
this chapter (relating to Fees) has been paid, and the Texas Health
and Human Services Commission (HHSC) has issued a letter granting
approval to begin construction. Such authorization does not constitute
release from the requirements contained in this chapter. If the construction
takes place in or near occupied areas, adequate provision shall be
made for the safety and comfort of occupants.
(2) Construction commencement notification. The architect
of record or the licensee or applicant shall provide written notification
to HHSC when construction will commence. HHSC shall be notified in
writing of any change in the completion schedules.
(3) Completion. Construction shall be completed in
compliance with the construction documents including all addenda or
modifications approved for the project.
(b) Construction surveys. All facilities including
those which maintain certification under Title XVIII of the Social
Security Act (42 United States Code §1395 et seq.), and those
which maintain accreditation by the Joint Commission, or by the American
Osteopathic Association (AOA) are subject to construction surveys.
(1) Number of construction surveys. A minimum of two
construction surveys of the project is generally required for the
purpose of verifying compliance with Subchapters F and G of this chapter
and the approved plans and specifications. The final plan approval
letter will inform the architect of record and the owner as to the
minimum number of surveys required for the project.
(2) Requesting a survey. The architect of record or
the licensee shall request a survey by submitting an Application for
Survey and the construction survey fee in accordance with §510.26(d)
of this chapter for each intermediate survey, final survey, and resurvey
requested. Survey requests by contractors will not be honored.
(A) The architect of record or the licensee shall request
an intermediate construction survey to occur at approximately 80%
completion. All major work above the ceiling shall be completed at
the time of the intermediate survey, however ceilings should not be
installed.
(B) The architect of record or the licensee shall request
a final construction survey at 100 percent completion. One-hundred
percent completion means that the project is completed to the extent
that all equipment is operating in accordance with specifications,
all necessary furnishings are in place, and patients could be admitted
and treated in all areas of the project.
(3) Resurveys. Depending upon the number and nature
of the deficiencies cited during the final inspection, the surveyor
may require that a resurvey be conducted to confirm correction of
all deficiencies cited. The request for resurvey shall be submitted
in accordance with paragraph (2) of this subsection.
(c) Approval of project. Patients shall not occupy
a new structure or remodeled or renovated space until approval has
been received from the local building and fire authorities and HHSC.
(1) Documentation requirements. The licensee shall
submit the following documents to HHSC before the project will be
approved:
(A) written approval of the project by the fire authority;
(B) a certificate of occupancy for the project issued
by the local building authority;
(C) written certification by the engineer, stating
that the fire sprinkler system is installed in accordance with the
requirements of NFPA 13, Standard for the Installation of Sprinkler
Systems, 1999 edition, if applicable;
(D) fire alarm system certification (form FML-009 040392
of the Office of the State Fire Marshal), if applicable;
(E) a copy of a letter from a qualified certification
agency for the piped-in medical gas system installed in the project,
if applicable;
(F) a written plan of correction signed by the licensee
for any deficiencies noted during the final inspection;
(G) a copy of a letter from a registered electrical
engineer stating the electrical system was tested and complies with
the standards of NFPA 99, Health Care Facilities, 1999 edition, §3-3.2.1.2(e)
(Special Grounding) and §3-3.3.2.1 (Grounding System Testing),
if applicable to the project;
(H) a copy of documentation indicating the flame spread
rating and the smoke development rating of any wall covering installed
in this project, including a signed letter or statement corroborating
the installation of the product in the project;
(I) a copy of documentation indicating that draperies,
curtains (including cubicle curtains), and other similar loosely hanging
furnishings and decorations are flame resistant as demonstrated by
passing both the small and large-scale tests of NFPA 701, Standard
Methods of Fire Tests for Flame-Resistant Textiles and Films, 1999
edition as required by NFPA 101 §18-7.5, and provide a signed
letter or statement corroborating the installation of the product
in the project;
(J) a Final Construction Approval form signed by the
licensee; and
(K) any other documentation or information required
due to the type of the project.
(2) Verbal occupancy approval.
(A) If, during the final survey, the surveyor finds
only a few minor deficiencies that do not jeopardize patient health,
safety and welfare, the surveyor may grant verbal approval for occupancy
contingent upon the documents listed in paragraph (1)(A)-(E) of this
subsection being provided to and approved by the surveyor at the time
of the final survey.
(B) Verbal occupancy approval allows the licensee to
occupy the project. However, the licensee must submit the documents
required in paragraph (1)(F)-(K) before the project receives final
approval.
(3) Final approval. Upon its receipt and acceptance
of the documents required in paragraph (1) of this subsection, HHSC
will issue final approval of the project.
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| Source Note: The provisions of this §510.128 adopted to be effective January 1, 2004, 28 TexReg 5154; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469; amended to be effective November 21, 2024, 49 TexReg 9283 |
