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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 553LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER DFACILITY CONSTRUCTION
DIVISION 5EXISTING SMALL TYPE B ASSISTED LIVING FACILITIES
RULE §553.123Means of Escape Requirements for an Existing Small Type B Assisted Living Facility

(a) The provisions of NFPA 101, Chapter 7, Means of Egress, do not apply to an existing small Type B assisted living facility, unless explicitly referenced by this section or by NFPA 101, Chapter 33, Existing Residential Board and Care Occupancies.

(b) An existing small Type B assisted living facility must meet the requirements of 33.2.2, Means of Escape, in NFPA 101, Chapter 33, Existing Residential Board and Care Occupancies, except as described in this section.

(c) An existing small Type B assisted living facility must ensure doors meet the requirements of 33.2.2.5, Doors, in NFPA 101, Chapter 33, Existing Residential Board and Care Occupancies, and the additional requirements of this section. A resident room door is not otherwise required to meet the requirements for doors in 33.2.3.6, Construction of Corridor Walls, in NFPA 101, Chapter 33, Existing Residential Board and Care Occupancies.

  (1) A resident room door in an existing small Type B assisted living facility must latch in its frame to resist the passage of smoke.

  (2) In an existing small Type B assisted living facility comprised of buildings that contain living units with independent cooking equipment within the living unit, a door between the living unit and a corridor or hallway must:

    (A) be self-closing or automatic-closing; and

    (B) latch in its frame to resist the passage of smoke.

  (3) A resident room door or living unit door must not be arranged to prevent the occupant from closing the door.

(d) An existing small Type B assisted living facility providing spaces for use by residents on floors other than the ground floor must provide at least two separate approved stairs.

  (1) An existing stair may be continued in service, subject to approval by HHSC.

  (2) A stair used as means of escape must meet the requirements of 33.2.2.6, Stairs, in NFPA 101, Chapter 33, Existing Residential Board and Care Occupancies.

  (3) Each stair must be arranged and located so that it is not necessary to go through another room, including a bedroom or bathroom, to reach the stair.

  (4) Each stair must be provided with handrails.

  (5) Each stair must be provided with normal lighting according to the requirements of §553.128 of this division (relating to Electrical Requirements for an Existing Small Type B Assisted Living Facility).

  (6) A stair in an existing building that became an assisted living through conversion must meet the dimensional criteria for existing stairs in 7.2.2.2, Dimensional Criteria, in NFPA 101, Chapter 7, Means of Egress.

  (7) An existing stair, previously approved by HHSC, may be rebuilt to the same dimensions but must meet all other requirements for stairs in NFPA 101.


Source Note: The provisions of this §553.123 adopted to be effective August 31, 2021, 46 TexReg 5189

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