| (d) Applicable codes and standards. Except as provided
in paragraph (9) of this subsection, a facility must comply with NFPA
101, NFPA 99, and a Tentative Interim Amendment (TIA) issued by the
NFPA for NFPA 99 or NFPA 101, including the TIAs listed in paragraphs
(1) and (2) of this subsection. A facility must also comply with other
NFPA publications referenced in this chapter and a TIA issued for
a publication referenced in this chapter, unless otherwise approved
or required by HHSC.
(1) The following TIAs have been issued for NFPA 101:
(A) TIA 12-1 to NFPA 101, issued August 11, 2011;
(B) TIA 12-2 to NFPA 101, issued October 30, 2012;
(C) TIA 12-3 to NFPA 101, issued October 22, 2013;
and
(D) TIA 12-4 to NFPA 101, issued October 22, 2013.
(2) The following TIAs have been issued for NFPA 99:
(A) TIA 12-2 to NFPA 99, issued August 11, 2011;
(B) TIA 12-3 to NFPA 99, issued August 9, 2012;
(C) TIA 12-4 to NFPA 99, issued March 7, 2013;
(D) TIA 12-5 to NFPA 99, issued August 1, 2013; and
(E) TIA 12-6 to NFPA 99, issued March 3, 2014.
(3) If the municipality has a building code and a plumbing
code, then those codes must govern in those areas of construction.
Where local codes or ordinances are applicable, the most restrictive
parts concerning the same subject item must apply unless otherwise
determined by the authority having jurisdiction for local codes and
HHSC.
(4) In the absence of such governing municipal codes,
nationally recognized codes must be used, such as the Standard Building
Code and the Standard Plumbing Code, both of the Southern Building
Code Congress International, Inc. Such nationally recognized codes,
when used, must all be publications of the same group or organization
to assure the intended continuity.
(5) Heating, ventilating, and air-conditioning 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.
(6) Electrical and illumination system must be designed
and installed in accordance with NFPA 70 and the Lighting Handbook
of the Illuminating Engineering Society of North America (IES) except
as may be modified in this subchapter.
(7) The facility must meet all applicable provisions
and requirements concerning accessibility for individuals with disabilities
in the following laws and regulations: the Americans with Disabilities
Act of 1990 (Title 42, United States Code, Chapter 126); 28 CFR Part
35, Nondiscrimination on the Basis of Disability in State and Local
Government Services; Texas Government Code, Chapter 469, Elimination
of Architectural Barriers; and 16 TAC , Chapter 68, Elimination of
Architectural Barriers. Plans for new construction, substantial renovations,
modifications, and alterations must be submitted to the Texas Department
of Licensing and Regulation (Attention: Elimination of Architectural
Barriers Program) for accessibility approval under Chapter 469.
(8) A facility with a boiler must meet all applicable
provisions and requirements of Texas Health and Safety Code, Chapter
755, Boilers.
(9) A facility that is required to comply with NFPA
101, Chapter 33, Existing Residential Board and Care Occupancies,
must be in compliance with Chapter 33.2.3.5.7.1 or 33.2.3.5.7.2 by
July 5, 2019.
(e) General requirements.
(1) The facility must provide and maintain furnishings
and decorations that meet the needs of the residents.
(2) The building, grounds, and equipment must be maintained
in good repair, operational, sanitary, and free of hazards.
(3) There must be at least one telephone (other than
a pay phone) in the facility, accessible to residents for use in making
calls to summon help in case of emergency.
(4) The facility must have:
(A) floors that are free of irregularities and are
substantially level (floor areas may be at different elevations with
connecting stairs or ramps);
(B) floors that have a resilient, nonabrasive, and
slip-resistant surface;
(C) nonabrasive carpeting, if the area used by residents
is carpeted and serves residents who lie on the floor or ambulate
with parts of their bodies, other than feet, touching the floor; and
(D) exposed floor surfaces and floor coverings that
promote mobility in areas used by residents and promote maintenance
of sanitary conditions.
(5) Walls and ceilings must be cleanable and in good
repair.
(6) Walls and floors must be kept free of cracks. The
joint between the walls and floors is to be maintained so as to be
free of spaces which might harbor insects, rodents, or vermin.
(7) An adequate supply of hot water must be provided.
The hot water system for resident use must be capable of being regulated
to not exceed 110 degrees Fahrenheit at the fixtures.
(8) Draperies, curtains (including cubicle curtains),
and other similar furnishings and decorations must be flame resistant
in accordance with NFPA 701. Documentation must be kept on file in
the facility.
(9) Wastebaskets must be of noncombustible material.
(10) An initial pressure test of facility gas lines
from the meter must be provided. Additional pressure tests will be
required when the facility has major renovations or additions where
the gas service is interrupted. All gas heating systems must be checked
for proper operation and safety prior to the heating season. Any unsatisfactory
conditions must be corrected promptly.
(11) The IES recommendations must be followed to achieve
proper illumination characteristics and lighting levels throughout
the facility. Minimum illumination must be 10 footcandles in resident
rooms during the day and 20 footcandles in corridors, staff stations,
dining rooms, lobbies, toilets, bathing facilities, laundries, stairways,
and elevators during the day. Illumination requirements for these
areas apply to lighting throughout the space and must be measured
at approximately 30 inches above the floor anywhere in the room. Minimum
illumination for medication preparation or storage areas, kitchens,
and staff station desks must be 50 footcandles during the day. Illumination
requirements for these areas apply to the task performed and must
be measured on the tasks.
(12) In addition to the required illumination (normal
and emergency), the facility must keep on hand and readily available
to night staff, no less than one working flashlight.
(13) Combustible attic areas larger than 3,000 square
feet must be divided into compartments not exceeding 3,000 square
feet or the attic area must be sprinkled. The separating barrier must
be at least one layer of 1/2-inch gypsum board on one side of support
members.
|
| Source Note: The provisions of this §551.61 adopted to be effective July 1, 1996, 21 TexReg 5328; amended to be effective May 1, 1998, 23 TexReg 4060; amended to be effective May 1, 2000, 25 TexReg 3557; amended to be effective May 1, 2004, 29 TexReg 3237; amended to be effective July 30, 2012, 37 TexReg 5629; amended to be effective October 12, 2017, 42 TexReg 5508; transferred effective May 1, 2019, as published in the Texas Register April12,2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787 |
