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RULE §553.104Safety Operations

  (1) An assisted living facility must provide metal waste baskets of substantial gauge or any UL- or FM-approved container in each area where smoking is permitted, if applicable, in accordance with the facility's smoking policies required in subsection (f) of this section.

  (2) An assisted living facility must provide one or more garbage, waste, or trash containers with close-fitting covers, made of metal or of any UL- or FM-approved material, for use in kitchens, janitor closets, laundry rooms, mechanical or boiler rooms, general storage rooms, and similar places. A facility may use disposable plastic liners in the containers for sanitation.

  (3) An assisted living facility must ensure waste, including waste classified as Special Waste from Health Care-Related Facilities, trash, and garbage are disposed of from the premises at regular intervals according to state and local requirements. The facility may not permit or allow an accumulation of waste on the facility premises, either inside or outside of facility buildings.

(l) Pest control.

  (1) An assisted living facility must have an ongoing and effective pest control program executed by facility staff or by contract with a licensed pest control company.

  (2) An assisted living facility must ensure the chemicals used to control pests are the least toxic and least flammable chemicals that are effective.

  (3) An assisted living facility must ensure each operable window is provided with an insect screen.

(m) Flammable or combustible liquids. An assisted living facility must not store flammable or combustible liquids, such as gasoline, oil-based paint, charcoal lighter fluid, or similar products in a building that houses residents.

(n) Storage of oxygen. An assisted living facility must ensure sanitary use and storage of oxygen for the safety of all residents.

  (1) An assisted living facility must ensure oxygen cylinders in the possession and under the control of the facility are:

    (A) identified by attached labels or stencils naming the contents;

    (B) not stored with flammable or combustible materials;

    (C) protected from abnormal mechanical shock, which is liable to damage the cylinder, valve, or safety device;

    (D) protected from tamper by unauthorized individuals;

    (E) if not supported in a proper cart or stand, properly chained or supported;

    (F) stored so the cylinders can be used in the order received from the supplier;

    (G) if empty and full cylinders are stored in the same enclosure or room, stored so that empty cylinders are separated from full cylinders; and

    (H) if empty, marked to avoid confusion and delay if a full cylinder is needed in a rapid manner.

  (2) An assisted living facility must adopt, implement, and enforce procedures for resident use, storage, and handling of oxygen cylinders and liquid oxygen containers in the possession and under the control of residents, to ensure the safety of all residents.

(o) Gas pressure test.

  (1) An assisted living facility must obtain an initial pressure test of facility gas lines from the gas meter or propane storage tank to all gas-fired appliances and equipment.

  (2) An assisted living facility must obtain an additional gas pressure test when the facility performs major renovations or additions to the gas piping or gas-fired equipment that interrupt gas service or replace gas-fired equipment.

(p) Annual gas heating check.

  (1) An assisted living facility must ensure all gas heating systems are checked at least once per year, prior to the heating season for proper operation and safety by persons who are licensed or approved by the State of Texas to inspect the equipment.

  (2) An assisted living facility must maintain records of the testing of the gas heating system.

  (3) An assisted living facility must correct unsatisfactory conditions.

(q) Emergency generator. A large assisted living facility that uses an emergency generator to provide power to emergency lighting systems must ensure the generator is tested and maintained according to Chapter 8, Routine Maintenance and Operational Testing, in NFPA 110. Routine maintenance and operational testing required by NFPA 110 includes the following procedures:

  (1) a readily available record of inspections, test, exercising, operation, and repairs;

  (2) monthly testing of cranking batteries;

  (3) weekly inspection of the generator set and other components that make up the emergency power system;

  (4) monthly exercise of the generator under load;

  (5) monthly test of transfer switches; and

  (6) a continuous operational test for at least 1-1/2 hours every three years.

Source Note: The provisions of this §553.104 adopted to be effective August 31, 2021, 46 TexReg 5189

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