| (L) Portable fire extinguishers of appropriate type
and placed in the appropriate location must be provided by the facility
in accordance with NFPA 10.
(M) The facility must inspect and maintain portable
fire extinguishers.
(i) Portable fire extinguishers must be visually inspected
monthly by facility staff. Facility staff conducting the monthly visual
inspection must assure portable fire extinguishers are protected from
damage, kept on their mounting brackets or in cabinets at all times,
and kept in proper condition and working order.
(ii) Portable fire extinguishers must be inspected
and maintained at least once every 12 months in accordance with NFPA
10 by a person licensed by the State Fire Marshal's office, to include
hydrostatic testing as recommended by the manufacturer.
(iii) A record of all fire extinguisher inspections
and maintenance performed must be kept onsite by the facility.
(N) Garbage, waste, or trash containers provided for
kitchens, janitor closets, laundries, mechanical or boiler rooms,
general storage, and similar places must be made of metal or any UL-
or FM-approved material, having a close fitting cover. Disposable
plastic liners may be used in these containers for sanitation.
(2) General requirements.
(A) All exterior site conditions must be designed,
constructed, and maintained in the interest of clients' safety. Newly
constructed ramps must not exceed 1:12 slope. Ramps, walks, and steps
must be of slip-resistive texture and be smooth and uniform, without
irregularities. Guard rails, fences, and hand rails must be provided
as required.
(B) All stairways must have substantial hand rails
properly secured.
(C) Tubs or showers for client use must have non-slip
bottoms or floor surfaces, either built in or applied to the surface.
(D) Elevators for client use must be in safe operating
condition.
(E) An adequate supply of hot water must be provided.
The hot water system connected to all client-use fixtures must deliver
warm water no hotter than 120 degrees Fahrenheit at the fixture. Hot
water for other sanitary usages must be provided at the temperatures
required for the appliance or fixture served, or for the operation
involved.
(F) There must be no occupancies or activities adversely
affecting the safety of the clients in the buildings or on the premises
of the facility.
(G) Licensure capacity will be calculated at 40 square
feet per client. This space may not include the kitchen/food service
area, rest rooms, bath areas, office, corridors, stairways, storage
areas, and outdoor space. Facilities licensed before October 1, 2000,
will be allowed to meet the requirements in effect before October
1, 2000, of 35/50 square feet for ambulatory and semi- ambulatory
clients. If a facility licensed before October 1, 2000, chooses to
increase its capacity, changes ownership, or relocates, the facility
will be required to meet the current standards for usable space, outdoor
area, and rooms for privacy.
(H) An office area must be provided in a central location
to record and maintain files for each client.
(I) An area for rest, other than the treatment and/or
exam room, must be provided with a sufficient number of reclining
lounge chairs or beds to accommodate the needs of clients.
(J) The facility must provide a separate room or rooms
with beds and with walls from floor to ceiling for those clients who
prefer privacy. Facilities licensed on or after May 1, 1999, must
ensure that the room(s) with beds provide space for a minimum 5% of
the licensed capacity. The usable space in the room(s) must provide
not less than 80 square feet per bed for a one-bed room and not less
than 60 square feet per bed for multiple-bed rooms. A bedroom shall
be not less than eight feet in its smallest dimension, unless otherwise
approved by DADS.
(K) The facility must have at least one room available
as a treatment or examination room for use by the nursing staff or
the client's physician. The client may not be treated or examined
in an area other than the treatment room.
(L) The facility must have a safe, secure, and suitable
outdoor recreation or relaxation area for clients. This area must
be connected to, be a part of, be controlled by, and be directly accessible
from the facility. This area must be enclosed by a wall or a fence
or located in a courtyard and supervised by staff to prevent wandering
and large enough to conduct outdoor activities. A chain- link fence
must provide protection on top to prevent injury from wire points.
This area must be suitably furnished. A minimum of 20% of the required
outdoor space must be shaded. The required outdoor space for facilities
licensed on or after May 1, 1999 is:
(i) 400 square feet for facilities up to 59 clients;
(ii) 600 square feet for facilities up to 99 clients;
and
(iii) 800 square feet for facilities with 100 or more
clients.
|
| Source Note: The provisions of this §559.42 adopted 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; amended to be effective August 1, 2011, 36 TexReg 4677; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249 |
