| (C) documentation of materials used in the building
that are required to have a specific limited fire resistance or flame
spread rating, including special wall finishes or floor coverings;
flame retardant curtains, including cubicle curtains; and fire resistance-rated
ceilings. This documentation must include a signed letter from the
installer verifying the material installed, such as carpeting, is
the same material named in the documented fire test;
(D) record drawings of the fire sprinkler system as
installed, signed by a Responsible Managing Employee licensed by the
State Fire Marshal's Office, or sealed by a licensed professional
engineer, including the hydraulic calculations, alarm configuration,
Contractor's Material and Test Certificates for Aboveground and Underground
Piping, and all literature and instructions provided by the manufacturer
describing the proper operation and maintenance of all equipment and
devices in accordance with NFPA 25;
(E) service contracts for maintenance and testing of
systems, including alarm systems and sprinkler systems;
(F) a copy of gas pressure test results of all facility
gas lines from the meter to gas-fired equipment and appliances;
(G) a written statement from an architect or engineer
certifying the building was constructed to meet NFPA 101 all locally
applicable codes, and that the facility substantially conforms to
the minimum licensing requirements;
(H) the contract documents specified in subsection
(b) of this section; and
(I) copies of reduced size floor plans on 8 1/2 by
11 inch sheets for record and file use by HHSC and for the facility
to use in evacuation planning and fire alarm zone identification containing
basic legible information such as overall dimensions, room usage names,
actual bedroom numbers, doors, windows, and any other pertinent information.
(d) Non-approval of new construction.
(1) If, during the survey of completed construction,
the surveyor finds basic requirements not met, HHSC will not license
the facility or approve it for occupancy. Such basic items may include
the following:
(A) construction that does not meet minimum code or
licensure standards for basic requirements such as corridor widths
that are less than eight feet clear width, ceilings installed at less
than the minimum seven feet six inches height above the floor, resident
bedroom dimensions less than the required minimum dimensions, and
other similar features that would disrupt or otherwise adversely affect
the residents and staff if corrected after occupancy;
(B) absence of written approval by local authorities;
(C) fire protection systems that are not completely
installed or not functioning properly, including fire alarm systems,
emergency power and lighting, and sprinkler systems;
(D) required exits that are not usable according to
NFPA 101 requirements;
(E) telephones that are not installed or not working
properly;
(F) sufficient basic furnishings, essential appliances
and equipment that are not installed or are not functioning; and
(G) any other basic operational or safety feature that
the surveyor, as the authority having jurisdiction, encounters that
in his judgment would preclude safe and normal occupancy by residents
on that day.
(2) If the surveyor encounters deficiencies that do
not affect the health and safety of the residents, licensure may be
recommended based on an approved written plan of correction by the
facility's administrator.
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| Source Note: The provisions of this §554.330 adopted to be effective July 1, 1996, 21 TexReg 4408; amended to be effective June 1, 2010, 35 TexReg 4465; amended to be effective March 22, 2018, 43 TexReg 1646; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871; amended to be effective January 2, 2022, 46 TexReg 9037 |
