| (a) Environmental safety.
(1) The physical plant safety requirements are designed
to provide safety to the clients, participants, or adult individuals
receiving day care.
(2) The facility must conform to all applicable state
laws and local ordinances pertaining to occupancy. When these laws,
codes, and ordinances are more stringent than the standards in this
section, the more stringent requirements govern. If state laws or
local codes or ordinances conflict with the requirements of these
standards, DADS' Regulatory Services Licensing and Credentialing Section
will be so informed so that these conflicts may be legally resolved.
(3) The facility must meet the provisions and requirements
concerning accessibility for individuals with disabilities in the
following laws and regulations: the Americans with Disabilities Act
(ADA) of 1990 (Title 42, United States Code, Chapter 126); Title 28,
Code of Federal Regulations, Part 35; Texas Government Code, Chapter
469, Elimination of Architectural Barriers; and 16 TAC, Chapter 68,
Elimination of Architectural Barriers. Plans for new construction,
substantial renovations, modifications, and alterations must be submitted
to the Texas Department of Licensing and Regulation (Attn: Elimination
of Architectural Barriers Program) for accessibility approval under
Texas Government Code, Chapter 469. At least 50% of the client restrooms
must be in accordance with ADA. Exception: Facilities licensed for
45 or fewer persons may provide one unisex restroom in accordance
with accessibility requirements.
(4) DADS' jurisdiction extends beyond the licensed
facility when the licensed area is only a part of a building or floor
that is not fire-separated in accordance with the Life Safety Code,
NFPA 101, 2000 edition, §16.1.2, New Day-Care Centers, or Life
Safety Code, NFPA 101, 2000 edition, §17.1.2, Existing Day-Care
Centers with Mixed Occupancies.
(b) Life Safety Code, NFPA 101, 2000 edition.
(1) The principles of the Life Safety Code, NFPA 101,
2000 edition, under Chapter 16 for new day-care centers or Chapter
17 for existing day-care centers, and operating features under §16.7
or §17.7, must be used in establishing life safety requirements
for adult day care facilities, with the interpretation and exceptions
as listed in paragraphs (2) and (3) of this subsection. Chapter 16
of the Life Safety Code, NFPA 101, 2000 edition, is applicable to
new construction, conversions of existing unlicensed buildings, remodeling,
and additions conducted after April 1, 2007. Chapter 17 of the Life
Safety Code, NFPA 101, 2000 edition, is applicable to existing adult
day-care facilities licensed before April 1, 2007. Life safety features
and equipment installed in existing buildings that are now in excess
of what is required by the Life Safety Code, NFPA 101, 2000 edition,
must continue to be maintained or may be completely removed if prior
written approval is obtained from DADS.
(2) Interpretations of the Life Safety Code, NFPA
101, 2000 edition, chapters 16 and 17, are as follows:
(A) The principles of chapters 16 and 17 apply to any
size facility requiring licensing with four or more clients or participants.
(B) The principles of §16.1.4.2 and §17.1.4.2
relating to a building or portion thereof used less than 24 hours
per day to house more than three adults requiring care, maintenance,
and supervision by other than a relative apply to all facilities requiring
licensing. A client must be ambulatory or semi-ambulatory and must
not be bedridden. A client must not exhibit behavior that is harmful
to the client or others.
(C) The manual fire alarm system and automatic smoke
detection system must be installed in accordance with NFPA 72 National
Fire Alarm Code series and state fire marshal licensing requirements.
(D) The facility must have a program to inspect, test,
and maintain the fire alarm system and must execute the program at
least once every six months.
(i) The facility must contract with a company that
is registered by the State Fire Marshal's Office to execute the program.
(ii) The person who performs a service under the contract
must be licensed by the State Fire Marshal's Office to perform the
service and must complete, sign, and date an inspection form similar
to the inspection and testing form in NFPA 72 for a service provided
under the contract.
(iii) The facility must ensure fire alarm system components
that require visual inspection are visually inspected in accordance
with NFPA 72.
(iv) The facility must ensure fire alarm system components
that require testing are tested in accordance with the NFPA 72.
(v) The facility must ensure fire alarm system components
that require maintenance are maintained in accordance with NFPA 72.
(vi) The facility must ensure smoke dampers are inspected
and tested in accordance with NFPA 101, 2000 edition.
(vii) The facility must maintain onsite documentation
of compliance with this subsection and have available for examination
by DADS, operation and maintenance manuals, and a written sequence
of operation.
(E) If the facility has a complete NFPA 13 system,
the facility must have a program to inspect, test, and maintain the
sprinkler system and must execute the program at least once every
six months.
(i) The facility must contract with a company that
is registered by the State Fire Marshal's Office to execute the program.
(ii) The person who performs a service under the contract
must be licensed by the State Fire Marshal's Office to perform the
service and must complete, sign, and date an inspection form similar
to the inspection and testing form in NFPA 25 for a service provided
under the contract.
(iii) The facility must ensure sprinkler system components
that require visual inspection are visually inspected in accordance
with NFPA 13 and 25.
(iv) The facility must ensure sprinkler system components
that required testing are tested in accordance with the NFPA 13 and
25.
(v) The facility must ensure sprinkler system components
that require maintenance are maintained in accordance with NFPA 13
and 25.
(vi) The facility must ensure that individual sprinkler
heads are inspected and maintained in accordance with NFPA 13 and
25.
(vii) The facility must maintain onsite documentation
of compliance with this subsection and have available for examination
by DADS as built drawings, operation and maintenance manuals, and
a written sequence of operation.
(F) All facilities must follow the Life Safety Code,
NFPA 101, 2000 edition, chapters 16 or 17, including the following:
(i) If a center is located in a building containing
mixed occupancies, the occupancies must be separated by one-hour fire
barriers.
(ii) Each floor occupied by clients must have access
to two remote exits in accordance with Chapter 7, Means of Egress.
(I) Doors in the means of egress must be equipped with
hardware that opens with a single motion.
(II) Doors must swing in the direction of egress for
occupant loads greater than 50 occupants.
(iii) Every room or space normally subject to client
occupancy, other than bathrooms or any room with attended individual
clients, must have at least one outside window for emergency rescue
or ventilation. Such window must be able to be opened from the inside
without the use of tools and provide a clear opening of not less than
20 inches in width, 24 inches in height, and 5.7 sq. ft. (821 sq.
in.) in area (minimum width of 20 inches by 41.2 inches high and minimum
height of 24 inches by 34.2 inches wide). The bottom of the opening
must be not more than 44 inches (112 cm.) above the floor. In rooms
located greater than three stories above grade, the openable clear
height, width, and area of the window may be modified to the dimensions
necessary for ventilation. Exceptions are:
(I) buildings protected throughout by an approved,
supervised automatic sprinkler system in accordance with §9.7;
(II) rooms or spaces with a door leading directly
to the outside of the building; or
(III) in existing facilities, rooms smaller than 250
square feet.
(iv) Interior finish in stairways, corridors, and lobbies
must be Class A. All other walls and ceilings must be Class A or Class
B interior finish in accordance with Life Safety Code, NFPA 101, 2000
edition, §10.2.3. Flame spread is the rate of fire travel along
the surface of a material. (This is different from other requirements
for time-rated "burn through" resistance ratings such as one-hour
rated.) Flame spread ratings are Class A (0-25), Class B (26-75),
and Class C (76-200).
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