<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 559DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER CFACILITY CONSTRUCTION PROCEDURES
RULE §559.44Plans, Approvals, and Construction Procedures

      (viii) any others as needed to amplify drawings and notes.

    (N) Other layout, plans, or details as may be necessary for a clear understanding of the design and scope of the project, including plans covering private water or sewer systems, must be reviewed by local health or wastewater authority having jurisdiction.

  (3) Construction phase.

    (A) DADS must be notified in writing before construction starts.

    (B) All construction not done in accordance with the completed plans and specifications as submitted for review and as modified in accordance with review requirements will require additional drawings if the change is significant.

  (4) Initial survey of completed construction.

    (A) Upon completion of construction, including grounds and basic equipment and furnishings, a final construction inspection (initial survey) of the facility must be performed by DADS before admitting clients. An initial architectural inspection will be scheduled after DADS receives a notarized licensure application, required fee, fire marshal approval, and a letter from an architect or engineer stating that to the best of their knowledge the facility meets the architectural requirements for licensure.

    (B) After the completed construction has been surveyed by DADS and found acceptable, this information will be forwarded to DADS' Regulatory Services Licensing and Credentialing Section as part of the information needed to issue a license to the facility. In the case of additions or remodeling of existing facilities, a revision or modification to an existing license may be necessary. The building, including basic furnishings and operational needs, grades, drives, and parking, must essentially be 100% complete at the time of this initial visit for occupancy approval and licensing. A facility may accept up to three clients between the time it receives initial approval from DADS and the time the license is issued.

    (C) The following documents must be available to DADS' architectural inspecting surveyor at the time of the survey of the completed building:

      (i) written approval of local authorities as required in subparagraph (A) of this paragraph;

      (ii) written certification of the fire alarm system by the installing agency (the Texas State Fire Marshal's Fire Alarm Installation Certificate);

      (iii) documentation of materials used in the building that are required to have a specific limited fire or flame spread rating, including special wall finishes or floor coverings, flame retardant curtains (including cubicle curtains), rated ceilings, etc., and, in the case of carpeting, a signed letter from the installer verifying that the carpeting installed is named in the laboratory test document;

      (iv) approval of the completed sprinkler system installation by the Texas Department of Insurance or designing engineer, including a copy of the material list and test certification;

      (v) service contracts for maintenance and testing of alarm systems, sprinkler systems, etc.;

      (vi) a copy of gas test results of the facility's gas lines from the meter;

      (vii) a written statement from an architect/engineer stating, to the best of his knowledge, the building was constructed in substantial compliance with the construction documents, the Life Safety Code, NFPA 101, 2000 edition, DADS licensure standards, and local codes; and

      (viii) any other such documentation as needed.

  (5) Nonapproval of new construction.

    (A) If, during the initial on-site survey of completed construction, the surveyor finds certain basic requirements not met, DADS may recommend the facility not be licensed and approved for occupancy. Such items may include the following:

      (i) substantial changes made during construction that were not submitted to DADS for review and that may require revised "as-built" drawings to cover the changes, including architectural, structural, mechanical, and electrical items as specified in paragraph (3)(B) of this section;

      (ii) construction that does not meet minimum code or licensure standards, such as corridors that are less than required width, ceilings installed at less than the minimum seven-foot, six-inch height, client bedroom dimensions less than required, and other such features that would disrupt or otherwise adversely affect the clients and staff if corrected after occupancy;

      (iii) no written approval by local authorities;

      (iv) fire protection systems, including fire alarm systems, emergency power and lighting, and sprinkler systems, not completely installed or not functioning properly;

      (v) required exits not all usable according to Life Safety Code, NFPA 101, 2000 edition requirements;

      (vi) telephone not installed or not properly working;

      (vii) sufficient basic furnishings, essential appliances, and equipment not installed or not functioning; and

      (viii) any other basic operational or safety feature that would preclude safe and normal occupancy by clients on that day.

    (B) If the surveyor encounters only minor deficiencies, licensure may be recommended based on an approved written plan of correction from the facility's administrator.

    (C) Copies of reduced-size floor plans on an 8 1/2-inch by 11-inch sheet must be submitted in duplicate to DADS for record or file use and for the facility's use for evacuation plan, fire alarm zone identification, etc. The plan must contain basic legible information such as scale, room usage names, actual bedroom numbers, doors, windows, and any other pertinent information.


Source Note: The provisions of this §559.44 adopted to be effective April 1, 2002, 27 TexReg 2250; 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

Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page