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RULE §559.41Construction and Initial Survey of Completed Construction

(a) Construction phase.

  (1) DADS' Regulatory Services Licensing and Credentialing Section must be notified in writing before construction starts.

  (2) All construction must be done in accordance 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 final plans, designs, and specifications must bear the seal of a registered professional engineer approved by the Texas Board of Professional Engineers to operate in Texas. These certain parts include sheets and sections covering structural, electrical, mechanical, and sanitary engineering.

    (A) Remodeling is the construction, removal, or relocation of walls and partitions; the construction of foundations, floors, or ceiling-roof assemblies; the expanding or altering of safety systems (including sprinkler, fire alarm, and emergency systems); or the conversion of space in a facility to a different use.

    (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, such as 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 (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; two reduced plans must be submitted 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 hardware.

  (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, basic design only; cross sections through buildings as needed; and miscellaneous details and enlargements as needed.

  (8) Building structure documents must include structural framing layout and details (primarily for column, beam, joist, and structural frame building); roof framing layout (when this cannot be adequately shown on 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 design loads.

  (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 (exit signs and emergency egress lighting); emergency electrical provisions (such as generators and panels); fire alarm and similar systems (such as control panel, 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 heating, ventilating, and air-conditioning layout, ducts, protection of duct inlets and outlets, combustion air, piping, exhausts, and duct smoke, fire dampers, or combination fire and smoke dampers; and equipment types, sizes, and locations.

  (12) If a sprinkler system is provided or required by any authority, documents must include plans and details of NFPA designed systems; plans and details of partial systems provided only for hazardous areas; and electrical devices interconnected to the alarm system.

  (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 waste water authority having jurisdiction.

  (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.

(c) Initial survey of completed construction.

  (1) Upon completion of construction, including grounds and basic equipment and furnishings, a final construction inspection (initial survey) of the facility, including additions or remodeled areas, is required to be performed by the DADS Regulatory Services Regional Office before occupancy. The completed construction must have the written approval of the local authorities having jurisdiction, including the fire marshal and building inspector.

  (2) After the completed construction has been surveyed by DADS and found acceptable, this information will be conveyed to DADS' Regulatory Services Licensing and Credentialing Section as part of the information needed to issue a license to the facility. In the case of additions or remodeling of existing facilities, a revision or modification to an existing license may be necessary. The building, grades, drives, and parking must essentially be 100% complete at the time of this initial visit for occupancy approval and licensing, including basic furnishings and operational needs. A facility may accept up to three clients between the time it receives initial approval from DADS and the time the license is issued.

  (3) 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) written certification of the fire alarm system by the installing agency (Fire Alarm Installation Certificate of the Texas State Fire Marshal);

    (C) documentation for all materials used in the building that 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. This documentation must include a signed letter from the installer verifying that the material installed is named in the laboratory test document;

    (D) approval of the completed sprinkler system installation by the designing engineer, including a copy of the material list and test certification;

    (E) service contracts for maintenance and testing of alarm systems, sprinkler systems, etc.;

    (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 he certifies that the building was constructed to meet Life Safety Code, NFPA 101, 2000 edition, and all locally applicable codes, and that the facility is in substantial conformance with minimum licensing requirements; 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, he may recommend to DADS that the facility not yet be licensed and approved for occupancy. Such basic items may include the following:

    (A) construction that does not meet minimum code or licensure standards for basic requirements such as corridors being less than required width, ceilings installed at less than the minimum seven-foot six-inch height, client bedroom dimensions less than required, and other such features that would disrupt or otherwise adversely affect the clients and staff if corrected after occupancy;

    (B) no written approval by local authorities;

    (C) fire protection systems not completely installed or not functioning properly, including fire alarm systems, emergency power and lighting, and sprinkler systems;

    (D) required exits not all usable according to Life Safety Code, NFPA 101, 2000 edition;

    (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 that the surveyor, as the authority having jurisdiction, encounters, which in his judgment would preclude safe and normal occupancy by clients on that day.

  (2) If the surveyor encounters only less basic and less important deficiencies, licensure may be recommended based on an approved written plan of correction from the facility's administrator.

  (3) Copies of reduced size floor plans on an 8 1/2 inch by 11 inch sheet must be submitted in duplicate to DADS for record or file use and for the facility's use and for facility's use for evacuation plan, fire alarm zone identification, etc. The plan must contain basic legible information such as scale, room usage names, actual bedroom numbers, doors, windows, and any other pertinent information.

Source Note: The provisions of this §559.41 adopted to be effective May 1, 1999, 24 TexReg 3100; amended to be effective November 1, 2000, 25 TexReg 10753; amended to be effective April 1, 2007, 32 TexReg 1749; transferred effective January 15, 2021, as published in the Texas Register December 18, 2020, 45 TexReg 9249

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