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RULE §510.128Construction, Surveys, and Approval of Project

(a) Construction.

  (1) Major construction. Construction, of other than minor alterations, shall not commence until the final plan review deficiencies have been satisfactorily resolved, the appropriate plan review fee according to the plan review schedule in §134.26 of this title (relating to Fees) has been paid, and the department has issued a letter granting approval to begin construction. Such authorization does not constitute release from the requirements contained in this chapter. If the construction takes place in or near occupied areas, adequate provision shall be made for the safety and comfort of occupants.

  (2) Construction commencement notification. The architect of record or the licensee or applicant shall provide written notification to the department when construction will commence. The department shall be notified in writing of any change in the completion schedules.

  (3) Completion. Construction shall be completed in compliance with the construction documents including all addenda or modifications approved for the project.

(b) Construction surveys. All facilities including those which maintain certification under Title XVIII of the Social Security Act (42 United States Code, §1395 et seq), and those which maintain accreditation by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), or by the American Osteopathic Association (AOA) are subject to construction surveys.

  (1) Number of construction surveys. A minimum of two construction surveys of the project is generally required for the purpose of verifying compliance with subchapters F and G of this chapter and the approved plans and specifications. The final plan approval letter will inform the architect of record and the owner as to the minimum number of surveys required for the project.

  (2) Requesting a survey. The architect of record or the licensee shall request a survey by submitting an Application for Survey and the construction survey fee in accordance with §134.26(d) of this title for each intermediate survey, final survey, and resurvey requested. Survey requests by contractors will not be honored.

    (A) The architect of record or the licensee shall request an intermediate construction survey to occur at approximately 80% completion. All major work above the ceiling shall be completed at the time of the intermediate survey, however ceilings should not be installed.

    (B) The architect of record or the licensee shall request a final construction survey at 100% completion. One-hundred percent completion means that the project is completed to the extent that all equipment is operating in accordance with specifications, all necessary furnishings are in place, and patients could be admitted and treated in all areas of the project.

  (3) Resurveys. Depending upon the number and nature of the deficiencies cited during the final inspection, the surveyor may require that a resurvey be conducted to confirm correction of all deficiencies cited. The request for resurvey shall be submitted in accordance with paragraph (2) of this subsection.

(c) Approval of project. Patients shall not occupy a new structure or remodeled or renovated space until approval has been received from the local building and fire authorities and the department.

  (1) Documentation requirements. The licensee shall submit the following documents to the department before the project will be approved:

    (A) written approval of the project by the fire authority;

    (B) a certificate of occupancy for the project issued by the local building authority;

    (C) written certification by the engineer, stating that the fire sprinkler system is installed in accordance with the requirements of NFPA 13, Standard for the Installation of Sprinkler Systems, 1999 edition, if applicable;

    (D) fire alarm system certification (form FML-009 040392 of the Office of the State Fire Marshal), if applicable;

    (E) a copy of a letter from a qualified certification agency for the piped-in medical gas system installed in the project, if applicable.

    (F) a written plan of correction signed by the licensee for any deficiencies noted during the final inspection;

    (G) a copy of a letter from a registered electrical engineer stating the electrical system was tested and complies with the standards of NFPA 99, Health Care Facilities, 1999 edition, §3- (Special Grounding) and §3- (Grounding System Testing), if applicable to the project;

    (H) a copy of documentation indicating the flame spread rating and the smoke development rating of any wall covering installed in this project. Provide a signed letter or statement corroborating the installation of the product in the project;

    (I) a copy of documentation indicating that draperies, curtains (including cubicle curtains), and other similar loosely hanging furnishings and decorations are flame resistant as demonstrated by passing both the small and large-scale tests of NFPA 701, Standard Methods of Fire Tests for Flame-Resistant Textiles and Films, 1999 edition as required by NFPA 101, §18-7.5, and provide a signed letter or statement corroborating the installation of the product in the project;

    (J) a Final Construction Approval form signed by the licensee; and

    (K) any other documentation or information required due to the type of the project.

  (2) Verbal occupancy approval.

    (A) If, during the final survey, the surveyor finds only a few minor deficiencies that do not jeopardize patient health, safety and welfare, the surveyor may grant verbal approval for occupancy contingent upon the documents listed in paragraph (1)(A)-(E) of this subsection being provided to and approved by the surveyor at the time of the final survey.

    (B) Verbal occupancy approval allows the licensee to occupy the project. However, the licensee must submit the documents required in paragraph (1)(F)-(K) before the project receives final approval.

  (3) Final approval. Upon its receipt and acceptance of the documents required in paragraph (1) of this subsection, the department will issue final approval of the project.

Source Note: The provisions of this §510.128 adopted to be effective January 1, 2004, 28 TexReg 5154; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469

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