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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 98DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER BAPPLICATION PROCEDURES
RULE §98.12Building Approval

(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 §98.12 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

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