| (v) Floor finish materials within corridors and exits
must be Class I or Class II in accordance with §10.2.7 in new
construction or new installations of flooring. Replacement or newly
installed floor finish materials must be Class I or II. Existing floor
finish materials in good condition may remain in use in accordance
with §10.2.
(vi) A smoke detection system must be installed in
accordance with §9.6 with placement of detectors in each story
in front of the doors to the stairways and in the corridors of all
floors occupied by the day-care occupancy. Detectors also must be
installed in lounges, recreation areas, dining areas, and sleeping
rooms in the center
(vii) Fire department notification must be accomplished
in accordance with §9.6.4, except in day-care centers with not
more than 100 clients.
(3) Exceptions to the Life Safety Code, NFPA 101, 2000
edition, chapters 16 or 17, are as follows.
(A) All required smoke detectors must be powered by
the facility electrical system and be interconnected with the fire
alarm system.
(B) Reference to apartment buildings in §16.1.2
or §17.1.2 must be deleted. Any floor above or below the floor
of exit discharge that is used by semi-ambulatory clients, or those
whose disability prevents them from taking appropriate action for
self-preservation in emergencies, must be provided with smoke compartmentation.
(C) Emergency lighting is not required for means of
egress if the facility operation is during daylight hours and if natural
light, direct or borrowed, is provided so that the means of egress
is usable in emergencies.
(D) Special protective electrical receptacle covers
are not required.
(E) NFPA 96, Standard for Ventilation Control and Fire
Protection of Commercial Cooking Operations, is not applicable if
the facility has residential-type cooking equipment.
(F) Public corridors must not be used for return or
supply air systems.
(G) Residential-type heating units or heating units
designed for attic installations must not be considered to be units
requiring furnace room construction as specified under §16.3.2.1
or §17.3.2.1.
(H) New additions or remodeling must be as required
for new construction in accordance with paragraph (4) of this subsection.
(I) Sprinkler system for a janitor's closet as specified
under §16.3.2.1 or §17.3.2.1 is not required unless the
building has a complete NFPA 13 system.
(4) For new construction, DADS requires conformance
to the following codes, except that DADS may accept other nationally
recognized codes that are locally enforced.
(A) If the municipality has a building code and a plumbing
code, then those codes govern in those areas of construction. Where
local codes or ordinances are applicable, the most restrictive parts
concerning the same subject item apply unless otherwise determined
by the authority having jurisdiction for local codes and the licensing
agency.
(B) In the absence of local municipal codes or ordinances,
nationally recognized codes must be used, such as the International
Building Code and the compatible International Codes published by
the International Code Council. These nationally recognized codes,
when used, must all be publications of the same group or organization
to assure the intended continuity.
(C) Heating, ventilating, and air-conditioning (HVAC)
systems must be designed and installed in accordance with NFPA 90A
and NFPA 90B, as applicable, and the American Society of Heating,
Refrigerating, and Air-Conditioning Engineers (ASHRAE), except as
may be modified in this subchapter. Buildings required to meet NFPA
90A must have automatic shutdown upon initiation of the fire alarm
system, in accordance with NFPA 90A, §4.4.
(D) Electrical and illumination systems must be designed
and installed in accordance with NFPA 70 and the Lighting Handbook of
the Illuminating Engineering Society (IES) of North America, except
as may be modified in this subchapter.
(i) Minimum illumination must be 20 foot candles in
the toilets, bathing, and general use areas, such as living areas,
dining areas, corridors, and lobbies.
(ii) Minimum illumination must be 50 foot candles in
the kitchen, medication or food preparation areas, and activity areas
for handicrafts or reading.
(5) An existing building either occupied as an adult
day care facility at the time of initial inspection by DADS, or converted
to occupancy as an adult day care facility, must meet all local requirements
pertaining to the building for that occupancy. DADS may require the
facility sponsor or licensee to submit evidence that local requirements
are satisfied.
(6) Adult day care facilities must be of recognized
permanent type construction as distinguished from movable buildings
or construction. Buildings must be structurally sound with regard
to actual or expected dead, live, and wind loads. DADS may require
submission of evidence to this effect. Foundations must be permanent,
structurally sound for local soil conditions, and in good repair.
A letter from a registered professional engineer may be required as
validation of a permanent and structurally sound foundation.
(7) The walking surface in a facility and at the exit
discharge must be consistent, nominally level, and without abrupt
changes in elevation, trip hazards, or gaps. Floor surfaces may be
on different elevations if connected with ramps or steps in accordance
with the Life Safety Code, NFPA 101, 2000 edition, means of egress
chapter.
(8) DADS will consider a written request from the facility
for a waiver of requirements which, if strictly applied, would clearly
be impractical in DADS' judgment for existing buildings and structures
that have been converted to adult day care occupancy. Any of these
modifications will be allowed only to the extent that reasonable life
safety against the hazards of fire, explosion, structural, or other
building failure and panic are provided and maintained.
(c) Personal safety.
(1) Fire safety.
(A) The facility must maintain an onsite copy of the
annual fire marshal inspection report by the local fire marshal.
(B) Storage items must be neatly arranged and placed
in the facility to minimize fire hazard. Gasoline, volatile materials,
paint, and similar products must not be stored in the building housing
clients unless approved by the local fire marshal. Accumulations of
extraneous material and refuse are not permitted in the facility.
(C) The building must be kept in good repair.
(D) The facility's electrical, mechanical, heating,
and cooling systems must be maintained in a safe manner and in working
order. DADS may require the facility sponsor or licensee to submit
evidence to this effect, consisting of a report from the fire marshal
or city or county building official having jurisdiction or a report
from a registered professional engineer.
(E) Electrical appliances, devices, and lamps used
in the facility must be used in a manner that prevents overloaded
circuits.
(F) If the facility uses extension cords in excess
of six feet, they must be shielded or protected.
(G) Smoking regulations must be established and enforced
by the facility and conspicuously posted in the facility.
(i) All smoking must be supervised.
(ii) The facility must prohibit smoking in any room,
ward, or compartment where flammable liquids, combustible gas, or
oxygen are used or stored and in any other hazardous location. The
facility must post a "No Smoking" sign in these areas.
(iii) Ashtrays of noncombustible material and safe
design must be provided in all areas where smoking is permitted.
(iv) Metal containers of substantial gauge or any UL-
or FM-approved containers with self- closing cover devices into which
ashtrays can be emptied must be provided in all areas where smoking
is permitted.
(H) The facility must have an emergency fire lane for
access of fire apparatus if required by local authorities.
(I) An initial pressure test of facility gas lines
from the meter must be provided. Additional pressure tests are required
when the facility has major renovations or additions during which
the gas service is interrupted. Testing must be performed by a person
licensed with the State Board of Plumbing Examiners.
(J) The facility must have all gas heating systems
checked for proper operation and safety before the heating season
by a person licensed by the Texas Department of Licensing and Regulation
to perform maintenance work on gas-fired equipment. Any unsatisfactory
conditions must be corrected promptly.
(K) Curtains or draperies in public spaces and individual
rooms in which smoking is allowed must be flame retardant.
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