| (a) Local fire authority. All applications for license
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 submitted on the forms and in the manner specified
by DADS.
(b) Local health authority. The following procedures
allow the local health authority to provide recommendations to DADS
concerning licensure of a facility.
(1) New facility. The sponsor of a new facility under
construction or a previously unlicensed facility will provide to DADS
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. The sponsor will 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. The local health authority may provide
recommendations to DADS' 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 request
an application for increase in capacity from DADS' Regulatory Services
Licensing and Credentialing Section. DADS' Regulatory Services Licensing
and Credentialing Section must provide the license holder with the
application form, and the license holder must notify the local fire
marshal and the local health authority of the request. The license
holder must arrange for the inspection of the facility by the local
fire marshal. The facility must send DADS' Regulatory Services Licensing
and Credentialing Section a copy of the written notice sent to the
local health authority notifying them of the increase in capacity.
DADS will approve the application only if the facility is found to
be in compliance with the standards. Approval to occupy the increased
capacity may be granted by DADS before the issuance of the license
covering the increased capacity after inspection by DADS if standards
are met.
(3) Change of ownership. The applicant for a change
of ownership license will provide to DADS a copy of a letter notifying
the local health authority of the request for a change of ownership.
The local health authority may provide recommendations to DADS regarding
the status of compliance with local codes, ordinances, or regulations.
(4) Renewal. DADS sends the local health authority
a copy of the DADS license renewal notice specifying the expiration
date of the facility's current license. The local health authority
may provide recommendations to DADS 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 DADS.
|
| Source Note: The provisions of this §559.12 adopted to be effective August 31, 1993, 18 TexReg 2726; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249 |
