(1) Wastewater and sewage must be discharged into a
state-approved municipal sewage system; any exception such as an on-site
sewage facility must be as approved by the Texas Commission on Environmental
Quality or authorized agent.
(2) The water supply must be from a system approved
by the Public Drinking Water Section of the Texas Commission on Environmental
Quality, or from a system regulated by an entity responsible for water
quality in that jurisdiction as approved by the Public Drinking Water
Section of the Texas Commission on Environmental Quality.
(3) Waste, trash, and garbage must be disposed from
the premises at regular intervals in accordance with state and local
practices. Excessive accumulations are not permitted. Outside containers
must have tight-fitting lids left in closed position. Containers must
be maintained in a clean and serviceable condition.
(4) The building and grounds must be kept neat and
free of refuse, litter, extraneous materials, and unsightly or injurious
(5) The facility must make every effort possible to
guard against insects, rodents, rainwater, and other conditions adversely
affecting a sanitary environment or the well-being of the client.
(6) A pest control program must be provided by qualified
facility staff or by contract with a licensed pest control company.
The least toxic and least flammable effective chemicals must be used.
Documented evidence of routine efforts to remove rodents and insects
must be maintained.
(7) The facility must be kept free of offensive odors,
accumulations of dirt, rubbish, dust, and hazards. Floors must be
maintained in good condition and cleaned regularly; walls and ceilings
must be structurally maintained, repaired, and repainted or cleaned
as needed. Storage areas, attics, and cellars must be free of refuse
and extraneous materials.
(8) There must be complete, separate, and adequate
rest room facilities for men and women. Toilets must be provided as
necessary to meet the needs of the clients; however, there must be
not less than one toilet and one lavatory for every 15 clients or
fraction thereof. A urinal may be substituted as the third required
toilet in the men's bathroom. Multiple toilets must be compartmented.
All toilets must be equipped with grab bars. Lavatories must be provided
with hot and cold water, soap, and individual towels. A minimum of
one bathing unit must be provided. Facilities licensed on or after
May 1, 1999, must provide a minimum of one bathing unit that does
not interfere with the use of the restroom by other clients. Each
tub or shower must be in an individual room or enclosure that provides
space for the private use of the bathing fixture, for drying and dressing,
and for the client and attendant.
(9) All bathrooms, toilet rooms, and other odor-producing
rooms or areas for soiled and unsanitary operations must be ventilated
to the exterior for odor control; the use of windows is not permissible.
(10) In kitchens and laundries, there must be procedures
that prevent cross contamination between clean and soiled utensils
and clean and soiled linens.
(1) The Department of State Health Services (DSHS)
rules in 25 TAC §§229.161 - 229.171 and §§229.173
- 229.175 (relating to Texas Food Establishments) and local health
ordinances or requirements must be observed in the storage, preparation,
and distribution of food; in the cleaning of dishes, equipment, and
work area; and in the storage and disposal of waste.
(2) Facilities licensed after May 1, 1999, must provide
three compartment sinks. A three- compartment sink must be used if
washing, rinsing, and sanitizing utensils and equipment is done manually.
Sinks must be large enough to permit the complete immersion of utensils
and equipment and each compartment sink must be supplied with hot
and cold potable water. A two- compartment sink will be acceptable
where only single-service tableware is provided.
(3) Food preparation kitchens must have separate hand-washing
fixtures including hot and cold water, soap, and individual towels,
preferably paper towels, in accordance with DSHS rules in 25 TAC §§229.161
- 229.171 and §§229.173 - 229.175.
(4) Where kitchen provisions consist of serving kitchens
only, and cooking equipment is used only to warm food, prepare hot
drinks, or provide similar food service, the kitchen is not required
to have separate hand-washing fixtures.
|Source Note: The provisions of this §559.43 adopted to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249