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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 554NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
SUBCHAPTER DFACILITY CONSTRUCTION
DIVISION 2FACILITIES LICENSED BEFORE SEPTEMBER 11, 2003
RULE §554.302Applicable Codes and Standards

(a) The facility must meet the provisions of the Existing Health Care Occupancies chapter of NFPA 101.

(b) The following codes, standards, or guidelines govern their subject areas for existing construction:

  (1) If the municipality has a building code and a plumbing code, those codes govern.

  (2) In the absence of municipal codes, nationally recognized codes must be used. To ensure continuity, all nationally recognized codes, when used, must be publications of the same group or organization.

  (3) Heating, ventilating, and air-conditioning systems must be designed and installed in accordance with NFPA 90A and the ASHRAE Handbook, except as may be modified in this subchapter.

  (4) Electrical and illumination systems must be designed and installed in accordance with NFPA 70 and the Lighting Handbook of the Illuminating Engineering Society of North America, except as may be modified in this subchapter.

  (5) The facility must comply with accessibility requirements for individuals with disabilities in the revised regulations for Title II and III of the Americans with Disabilities Act at 28 CFR Part 35 and Part 36, also known as the 2010 ADA Standards for Accessible Design, and the TAS adopted by the Texas Department of Licensing and Regulation (TDLR) at 16 TAC Chapter 68. A facility must register plans for new construction, substantial renovations, modifications, and alterations with TDLR, Attn: Elimination of Architectural Barriers Program, and comply with TAS.

  (6) Every building and portion of a building must be capable of sustaining all dead and live loads in accordance with accepted engineering practices and standards.

  (7) Each building must be classified as to building construction type for fire resistance rating purposes in accordance with NFPA 220 and NFPA 101.

  (8) Building insulation materials, unless sealed on all sides and edges in an approved manner with noncombustible material, must have a flame-spread rating of 25 or less when tested in accordance with ASTM E84, UL723, or ASTM E662.

  (9) A facility with a boiler must meet all applicable requirements of Texas Health and Safety Code, Chapter 755.


Source Note: The provisions of this §554.302 adopted to be effective July 1, 1996, 21 TexReg 4408; amended to be effective March 22, 2018, 43 TexReg 1646; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871

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