| (a) Prior to the start of building rehabilitation,
other than that classified as repair in subsection (b) of this section,
a facility must notify the Texas Health and Human Services commission
(HHSC) in Austin, Texas, in writing.
(b) Upon completion of building rehabilitation, other
than that classified as repair or renovation in this section, a final
construction inspection of the facility must be performed by HHSC
prior to occupancy. The completed construction must have the written
approval of the local authority having jurisdiction, including the
fire marshal and building official. When construction or building
rehabilitation does not alter the licensed capacity of a facility,
based on submitted documentation and the scope of the performed building
rehabilitation, HHSC may permit a facility to use the rehabilitated
portion of a facility pending a final construction inspection or may
determine a final construction inspection is not required.
(c) An assisted living facility undergoing any building
rehabilitation must meet the requirements of this section.
(1) An assisted living facility must ensure the patching,
restoration, or painting of materials, elements, equipment, or fixtures
for maintaining such materials, elements, equipment, or fixtures in
good or sound condition is classified as repair and must ensure the
repair:
(A) meets the applicable requirements of §553.100(e)
of this subchapter (relating to General Requirements);
(B) uses like materials, unless such materials are
prohibited by NFPA 101, as modified by this subchapter; and
(C) does not make a building less conforming with NFPA
101, as modified by this subchapter, with the applicable sections
of this subchapter, or with any alternative arrangements previously
approved by HHSC, than it was before the repair was undertaken.
(2) An assisted living facility must ensure the replacement
in kind, strengthening, or upgrading of building elements, materials,
equipment, or fixtures that does not result in a reconfiguration of
the building spaces within is classified as renovation and must ensure:
(A) any new work that is part of a renovation meets
the applicable requirements of §553.100(e) of this subchapter;
(B) any new interior or exterior finishes meet the
applicable requirements of §553.100(e)(3) of this subchapter;
and
(C) does not make a building less conforming with NFPA
101, as modified by this subchapter, with the applicable sections
of this subchapter, or with any alternative arrangements previously
approved by HHSC, than it was before the renovation was undertaken.
(3) An assisted living facility must ensure the reconfiguration
of any space; addition, relocation, or elimination of any door or
window; addition or elimination of load-bearing elements; reconfiguration
or extension of any system; installation of any additional equipment;
or changes in locking arrangements as defined in §553.101(6)(L)
of this subchapter (relating to Definitions), is classified as modification
and must ensure:
(A) a newly constructed element, component, or system
meets the applicable requirements of §553.100(e)(3) of this subchapter;
(B) all other work in a modification meets, at a minimum,
the requirements for a renovation according to paragraph (2) of this
subsection; and
(C) where the total rehabilitation work area classified
as modification exceeds 50 percent of the total building area, the
work is classified as reconstruction subject to paragraph (4) of this
subsection.
(4) An assisted living facility must ensure the reconfiguration
of a space that affects an exit or a corridor shared by more than
one occupant space, or the reconfiguration of a space such that the
rehabilitation work area is not permitted to be occupied because existing
means of egress or fire protection systems are not in place or continuously
maintained, is classified as reconstruction and must ensure:
(A) reconstruction of components of the means of egress
meets the applicable requirements of §553.100(e) of this subchapter,
except for the following components, which must meet the specific
requirements of §553.100(e)(3) of this subchapter:
(i) illumination of means of egress;
(ii) emergency lighting of means of egress; and
(iii) marking of means of egress, including exit signs;
(B) if the total rehabilitation work area classified
as reconstruction on any one floor exceeds 50 percent of the total
area of the floor, all means of egress components identified in paragraph
(4)(A)(i) - (iii) of this subsection and located on that floor meet
the specific requirements of §553.100(e)(3) of this subchapter;
(C) if the total rehabilitation work area classified
as reconstruction exceeds 50 percent of the total building area, all
means of egress components identified in paragraph (4)(A)(i) - (iii)
of this subsection and located in the building meet the specific requirements
of §553.100(e)(3) of this subchapter; and
(D) all other work classified as reconstruction meets,
at a minimum, the requirements for modification according to paragraph
(3) of this subsection and renovation according to paragraph (2) of
this subsection.
(5) An assisted living facility must ensure a change
in the purpose or level of activity within a facility that involves
a change in application of the requirements of this subchapter, including
a change of a wing or area to a Certified Alzheimer's Disease Assisted
Living Facility or unit, or a change of a Certified Alzheimer's Disease
Assisted Living Facility or unit to ordinary resident-use, is classified
as a change of use and meets the specific requirements of §553.100(e)(3)
of this subchapter.
(6) An assisted living facility must ensure a change
in the use of a structure or portion of a structure is classified
as a change of occupancy and meets the specific requirements of §553.100(e)(3)
of this subchapter.
(7) An assisted living facility must ensure an increase
in the building area, aggregate floor area, building height, or number
of stories of a structure is classified as an addition and meets the
specific requirements of §553.100(e)(3) of this subchapter.
(d) An assisted living facility undergoing rehabilitation
must comply with the requirements of NFPA 101, as modified by this
subchapter in accordance with the requirements of NFPA 101, Chapter
43, Building Rehabilitation.
(e) An assisted living facility undergoing rehabilitation
to an occupied building that involves means of escape, exit-ways,
or exit doors must be accomplished without compromising the means
of escape, means of egress, or exits or creating a dead-end situation
at any time. HHSC may approve temporary exits or the facility must
relocate residents until construction blocking the exit is completed.
The facility must maintain other basic safety features, including
fire alarm systems and fire sprinkler systems, in compliance with
their relevant standards and must maintain required emergency power
at all times during construction.
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