|(a) Compliance. All buildings in which existing facilities
licensed by the department are located shall comply with this subsection.
(1) Minimum fire safety and construction requirements.
(A) Existing licensed facilities shall meet the requirements
for health care occupancies contained in the 1985, 1988, 1991 or 2000
editions of the National Fire Protection Association 101, Code for
Safety to Life from Fire in Buildings and Structures, (NFPA 101),
and the facility licensing rules (1988, 1989 or 1994) under which
the buildings or sections of buildings were constructed or last modified.
All documents published by NFPA as referenced in this section may
be obtained by writing or calling the NFPA at the following address
or telephone number: National Fire Protection Association, 1 Batterymarch
Park, P.O. Box 9101, Quincy, MA 02269-9101 or (800) 344-3555.
(B) Existing facilities or portions of existing facilities
constructed prior to the adoption of any of the editions of NFPA 101,
the Facility Licensing Standards, and the facility licensing rules
listed in subparagraph (A) of this paragraph, shall comply with this
section and Chapter 19, NFPA 101, 2000 edition.
(C) Compliance with the requirements of Chapter 3 of
the National Fire Protection Association 101A, Alternative Approaches
to Life Safety, 1998 edition, (relating to Fire Safety Evaluation
System for Health Care Occupancies) will be acceptable in lieu of
complying with the requirements of Chapter 19, NFPA 101, 2000 edition.
(2) Remodeling of existing facilities. All requirements
listed in this chapter relating to new construction are applicable
to renovations, additions and alterations unless stated otherwise.
(A) Alteration or installation of new equipment. Any
alteration or any installation of new equipment shall be accomplished
as nearly as practicable with the requirements for new construction,
except that when existing conditions make changes impractical to accomplish,
minor deviations from functional requirements may be permitted if
the intent of the requirements is met and if the care and safety of
patients will not be jeopardized. A request for deviation must be
submitted in writing to the Hospital Licensing Director, Health Facility
Licensing and Compliance Division, Texas Department of Health, 1100
West 49th Street, Austin, Texas 78756, and approved by the department.
(B) Installation, alteration, or extension approval.
No new system of mechanical, electrical, plumbing, fire protection,
or piped medical gas system may be installed or any such existing
system be replaced, materially altered or extended in an existing
building licensed as a facility, until complete plans and specifications
for the replacement, installation, alteration, or extension have been
submitted to the department, reviewed and approved in accordance with
§134.127 of this title (relating to Preparation, Submittal, Review
and Approval of Plans).
(C) Minor remodeling or alterations. All remodeling
or alterations which do not involve alterations to load bearing members
or partitions, change functional operation, affect fire safety (e.g.
modifications to the fire, smoke, and corridor walls), add or subtract
beds or services for which the facility is licensed, and do not involve
changes listed in subparagraph (B) of this paragraph, shall be submitted
for approval without submitting contract documents. Such approval
shall be requested in writing with a brief description of the proposed
changes and a simple floor plan for evaluation and determination of
(D) Major remodeling or alterations. Plans shall be
submitted in accordance with §134.127 of this title for all major
remodeling or alterations. All remodeling or alterations which involve
alterations to load bearing members or partitions, change functional
operation, affect fire safety (e.g. modifications to the fire, smoke,
and corridor walls), or change the designed bed capacity or services
over those for which the facility is licensed are considered as major
remodeling and alterations.
(E) Phasing of construction in existing facilities.
Projects involving alterations of and additions to existing buildings
shall be programmed and phased so that on-site construction will minimize
disruptions of existing functions. Access, exit access, and fire protection
shall be maintained so that the safety of the occupants will not be
jeopardized during construction. Dust and vapor barriers shall be
provided to separate areas undergoing demolition and construction
from occupied areas. Temporary sound barriers shall be provided where
intense prolonged construction noises will disturb patients or staff
in the occupied portions of the building.
(F) Nonconforming conditions. When doing renovation
work, if it is found to be infeasible to correct all of the nonconforming
conditions in the existing facility in accordance with these rules,
a conditional approval may be granted by the department if the operation
of the facility, necessary access by the handicapped, and safety of
the patients are not jeopardized by the nonconforming condition.
(b) Previously licensed facilities. Buildings which
have been licensed previously as facilities but have been vacated
or used for purposes other than as facilities and which are not
in compliance with the 1985, 1988, 1991 or 2000 editions of the NFPA
101, and facility licensing rules (1988, 1989 or 1994) under which
the building or sections of buildings were constructed shall comply
with the requirements of §134.122 of this title (relating to
New Construction Requirements), §134.123 of this title (relating
to Spatial Requirements for New Construction), §134.125 of this
title (relating to Building with Multiple Occupancies), §134.127
of this title, and §134.130 of this title (relating to Record
Drawings, Manuals and Design Data), inclusively.