| (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 HHSC before
admitting residents. An initial architectural inspection will be scheduled
after HHSC receives a license application through the online portal,
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 HHSC and found acceptable, this information will be forwarded to
HHSC 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 percent complete at the time
of this initial visit for occupancy approval and licensing. A facility
may accept up to three residents between the time it receives initial
approval from HHSC and the time the license is issued.
(C) The following documents must be available to HHSC's
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. A copy
of the material list and test certification must be available;
(v) service contracts for maintenance and testing of
alarm systems and sprinkler systems;
(vi) a copy of gas test results of the facility's gas
lines from the meter;
(vii) a written statement from an architect or engineer
stating, to the best of his or her knowledge, the building was constructed
in substantial compliance with the construction documents, the Life
Safety Code, HHSC licensure standards, and local codes; and
(viii) any other such documentation as needed.
(5) Non-approval of new construction.
(A) If, during the initial on-site survey of completed
construction, the surveyor finds certain basic requirements not met,
HHSC 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 HHSC for review and that may require revised
"as-built" drawings to cover the changes. This may include 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, resident bedroom dimensions less than required, and other
such features that would disrupt or otherwise adversely affect the
residents 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 NFPA
101 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 residents 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 HHSC for record/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 §551.75 adopted to be effective April 1, 2002, 27 TexReg 2250; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883; amended to be effective February 24, 2022, 47 TexReg 787 |
