|(a) Construction phase.
(1) DADS Regulatory Services Division, Licensing and
Credentialing Section must be notified in writing of construction
(2) All construction must comply with minimum licensing
requirements. It is the sponsor's responsibility to employ qualified
personnel to prepare the contract documents for construction of a
new facility or remodeling of an existing facility. Contract documents
for additions and remodeling and for the construction of an entirely
new facility must be prepared by an architect licensed by the Texas
Board of Architectural Examiners. Drawings must bear the seal of the
architect. Certain parts of contract documents including final plans,
designs, and specifications concerning sheets and sections covering
structural, electrical, mechanical, sanitary, and civil engineering
must bear the seal of a professional engineer licensed by the Texas
Board of Professional Engineers to operate in Texas or, the signature
of a Responsible Managing Employee or Alarm Planning Superintendent
licensed by the State Fire Marshal's Office as authorized by subsection
(b)(12) and (15) of this section.
(A) Remodeling is the construction, removal, or relocation
of walls and partitions, the construction of foundations, floors,
or ceiling-roof assemblies, or the expanding or altering of safety
systems including sprinkler, fire alarm, and emergency systems.
(B) General maintenance and repairs of existing material
and equipment, repainting, applications of new floor, wall, or ceiling
finishes, or similar projects are not included as remodeling, unless
as a part of new construction. DADS must be provided flame spread
documentation for new materials applied as finishes.
(b) Contract documents.
(1) Site plan documents must include grade contours;
streets with names; north arrow; fire hydrants; fire lanes; utilities,
public or private; fences; unusual site conditions including ditches,
low water levels, other buildings on-site; and indications of buildings
five feet or less beyond site property lines.
(2) Foundation plan documents must include general
foundation design and details.
(3) Floor plan documents must include room names,
numbers, and usages; numbered doors including swing; windows; legend
or clarification of wall types; dimensions; fixed equipment; plumbing
fixtures; and kitchen basic layout; and identification of all smoke
barrier walls from outside wall to outside wall or fire walls.
(4) For both new construction and additions or remodeling
to existing buildings, an overall plan of the entire building must
be drawn or reduced to fit on an 8 1/2 inch by 11 inch sheet; submit
two reduced plans for file record. See subsection (d)(3) of this section.
(5) Schedules must include door materials, widths,
types; window materials, sizes, types; room finishes; and special
(6) Elevations and roof plan must include exterior
elevations, including material note indications and any roof top equipment;
roof slopes, drains, and gas piping, and interior elevations where
needed for special conditions.
(7) Details must include wall sections as needed (especially
for special conditions); cabinet and built-in work; cross sections
through buildings as needed; and miscellaneous details and enlargements
(8) Building structure documents must include structural
framing layout and details primarily for column, beam, joist, and
structural frame building, roof framing layout if the layout cannot
be adequately shown on a cross section; cross sections in quantity
and detail to show sufficient structural design and structural details
as necessary to assure adequate structural design, also calculated
(9) Electrical documents must include electrical layout,
including lights, convenience outlets, equipment outlets, switches,
and other electrical outlets and devices; service, circuiting, distribution,
and panel diagrams; exit light system with exit signs and emergency
egress lighting; emergency electrical provisions including generators
and panels; and similar systems including control panels, devices,
and alarms; sizes and details sufficient to assure safe and properly
operating systems; and a staff communication system.
(10) Plumbing documents must include plumbing layout
with pipe sizes and details sufficient to assure safe and properly
operating systems, water systems, sanitary systems, gas systems, other
systems normally considered under the scope of plumbing, fixtures,
and provisions for combustion air supply.
(11) Heating, ventilation, and air-conditioning (HVAC)
documents must include sufficient details of HVAC systems and components
to assure a safe and properly operating installation including, but
not limited to, heating, ventilating, and air-conditioning layout,
ducts, protection of duct inlets and outlets, combustion air, piping,
exhausts, and duct smoke and/or fire dampers; and equipment types,
sizes, and locations.
(12) Fire sprinkler system plans and hydraulic calculations
must be designed in accordance with and including all the required
information on the plan, specified in NFPA 13, NFPA 13R, or NFPA 13D
as applicable and the NFPA documents referenced therein, published
by the National Fire Protection Association and signed by a Responsible
Managing Employee, licensed by the State Fire Marshal's Office or
bear the seal of a licensed professional engineer.
(13) Other layouts, plans, or details as may be necessary
for a clear understanding of the design and scope of the project;
including plans covering private water or sewer systems must be reviewed
by the local health or wastewater authority having jurisdiction. If
no local authority, then the plans will be reviewed by DADS.
(14) Specifications must include installation techniques,
quality standards and/or manufacturers, references to specific codes
and standards, design criteria, special equipment, hardware, painting,
and any others as needed to amplify drawings and notes.
(15) Detailed fire detection and alarm system working
plans must be designed in accordance with the applicable sections
of the National Fire Alarm and Signaling Code (NFPA 72) and the National
Electric Code (NFPA 70) and signed by an Alarm Planning Superintendent
licensed by the State Fire Marshal's Office or bear the seal of a
licensed professional engineer.
(c) Initial survey of completed construction.
(1) Upon completion of construction, including grounds
and basic equipment and furnishings, an initial architectural inspection
of the facility, including additions or remodeled areas, is required
to be performed by DADS prior to occupancy. The completed construction
must have the written approval from the local authorities having jurisdiction
where the facility is located, including the fire marshal, health
department, and building inspector.
(2) The inspection described in paragraph (1) of this
subsection may be obtained on an expedited basis by complying with
§92.4(g) of this chapter (relating to License Fees).
(3) After the completed construction has been surveyed
by DADS and found acceptable, DADS Life Safety Code staff conveys
the survey results to DADS Licensing and Credentialing Section as
part of an applicant's license application. In the case of additions
or remodeling of existing facilities, the applicant may be required
to submit a revision or modification to an existing license. All building,
grades, drives, and parking must essentially be 100 percent complete
including basic furnishings and operational needs at the time of the
initial visit for occupancy approval and licensing. A facility may
accept up to three residents after it receives initial approval from
DADS Life Safety Code staff but before the license is issued.
(4) The following documents must be available to DADS
surveyor at the time of the survey of the completed building:
(A) written approval of local authorities as called
for in paragraph (1) of this subsection;
(B) record drawings of the fire detection and alarm
system as installed, signed by an Alarm Planning Superintendent licensed
by the State Fire Marshal's office or sealed by a licensed professional
engineer, including a sequence of operation, the owner's manuals and
the manufacturer's published instructions covering all system equipment,
a signed copy of the State Fire Marshal's Office Fire Alarm Installation
Certificate, and, for software-based systems, a record copy of the
site-specific software excluding the system executive software or
external programmer software in a non-volatile, non-erasable, non-rewritable
(C) documentation of materials used in the building
which 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 and rated ceilings.
In the case of carpeting, the documentation must include a signed
letter from the installer, verifying that the carpeting installed
is named in the laboratory test document;
(D) record drawings of the fire sprinkler system as
installed, signed by a Responsible Managing Employee, licensed by
the State Fire Marshal's Office or sealed by a licensed professional
engineer, including the hydraulic calculations, alarm configuration,
aboveground and underground Contractor's Material and Test Certificate,
all literature and instructions provided by the manufacturer describing
the proper operation and maintenance of all equipment and devices
in accordance with NFPA 25, Standard for the Inspection, Testing,
and Maintenance of Water-Based Fire Protection Systems;
(E) service contracts for maintenance and testing of
alarm systems and sprinkler systems;
(F) a copy of gas test results of the facility's gas
lines from the meter;
(G) a written statement from an architect or engineer
stating that, from periodic onsite observation visits, the facility
as constructed is, to the best of the architect's or engineer's knowledge
and belief, in substantial compliance with the architect's or engineer's
construction documents, the Life Safety Code, DADS licensure standards,
and local codes; and
(H) the contract documents specified in subsection
(b) of this section.
(d) Nonapproval of new construction.
(1) If, during the initial on-site survey of completed
construction, the surveyor finds certain basic requirements not met,
the surveyor may recommend to DADS Licensing and Credentialing Unit
that the facility should not yet be licensed and approved for occupancy.
The basic items that may trigger non-approval include:
(A) construction which does not meet minimum code or
licensure standards for basic requirements including corridors that
are less than the required width, ceilings installed at less than
the minimum seven-foot six-inch height, resident bedroom dimensions
less than required, and other features which would disrupt or otherwise
adversely affect the residents and staff if corrected after occupancy;
(B) lack of written approval by local authorities having
jurisdiction, including the fire marshal, health department, and building
(C) fire protection systems not completely installed
or not functioning properly, including, but not limited to, fire alarm
systems, emergency power and lighting, and sprinkler systems;
(D) required exits not all usable according to NFPA
(E) telephone not installed or not properly working;
(F) sufficient basic furnishings, essential appliances,
and equipment are not installed or not functioning; and
(G) any other basic operational or safety feature which
the surveyor, as the authority having jurisdiction, believes would
preclude safe and normal occupancy by residents on that day.
(2) If the surveyor encounters minor deficiencies,
the surveyor may recommend approval of the facility's license based
on an approved written plan of correction from the facility's administrator.
(3) A facility must submit two copies of reduced size
floor plans on an 8 1/2 inch by 11 inch sheet to DADS for DADS record
and for the facility's use including an evacuation plan or fire alarm
zone identification. The plan must contain basic legible information
including scale, room usage names, actual bedroom numbers, doors,
windows, and any other pertinent information.