| (a) This section applies to facilities undergoing rehabilitation.
(b) Rehabilitation work is classified as follows:
(1) The patching, restoration, or painting of materials,
elements, equipment, or fixtures for the purpose of maintaining such
materials, elements, equipment, or fixtures in good or sound condition
must be classified as repair and must meet the following requirements:
(A) A repair must meet the applicable requirements
of §19.300(d) of this subchapter (relating to General Requirements);
(B) A repair must be done using like materials, unless
such materials are prohibited by NFPA 101; and
(C) A repair must not make a building less conforming
with NFPA 101 or the applicable sections of this subchapter, or with
any alternative arrangements previously approved by HHSC, than it
was before the repair was undertaken, unless approved by HHSC.
(2) The replacement in kind, strengthening, or upgrading
of building elements, materials, equipment, or fixtures, that does
not result in a reconfiguration of the building spaces within, must
be classified as renovation and must meet the following requirements:
(A) Any new work that is part of a renovation must
comply with the applicable requirements of §19.300(d) of this
subchapter;
(B) Any new interior or exterior finishes must meet
the requirements of division 9 of this subchapter (relating to Facilities
Licensed On or After April 2, 2018).
(C) A renovation must not make a building less conforming
with NFPA 101 or the applicable sections of this subchapter, or with
any alternative arrangements previously approved by HHSC, than it
was before the renovation was undertaken, unless approved by HHSC;
and
(D) The reconfiguration or extension of any system,
or the installation of any additional equipment, must be classified
as modification according to paragraph (3) of this subsection.
(3) The reconfiguration of any space; the addition,
relocation, or elimination of any door or window; the addition or
elimination of load-bearing elements; the reconfiguration or extension
of any system; or the installation of any additional equipment, must
be classified as modification and must meet the following requirements:
(A) A newly constructed element, component, or system
must comply with division 9 of this subchapter;
(B) All other work in a modification must meet, at
a minimum, the requirements for a renovation according to paragraph
(2) of this subsection; and,
(C) If the total rehabilitation work area classified
as modification exceeds 50 percent of the total building area, the
work must be classified as reconstruction according to paragraph (4)
of this subsection.
(4) The reconfiguration of a space that affects an
exit or a corridor shared by more than one occupant space; or the
reconfiguration of a space such that the rehabilitation work area
is not permitted to be occupied because existing means of egress and
fire protection systems, or their equivalent, are not in place or
continuously maintained, must be classified as reconstruction and
must meet the following requirements:
(A) Any reconstruction of components of the means of
egress must comply with the applicable requirements of §19.300(d)
of this subchapter, except for the following components, which must
comply with division 9 of this subchapter.
(i) illumination of means of egress;
(ii) emergency lighting of means of egress; or
(iii) marking of means of egress, including exit signs.
(B) If the total rehabilitation work area classified
as reconstruction on any one floor exceeds 50 percent of the total
area of the floor, all means of egress components on that floor identified
in paragraph (4)(A)(i) - (iii) of this subsection must comply with
division 9 of this subchapter.
(C) If the total rehabilitation work area classified
as reconstruction exceeds 50 percent of the total building area, all
means of egress components in the building identified in paragraph
(4)(A)(i) - (iii) of this subsection must comply with division 9 of
this subchapter.
(D) All other work classified as reconstruction must
meet, at a minimum, the requirements for modification according to
paragraph (3) of this subsection and renovation according to paragraph
(2) of this subsection.
(5) A change in the purpose or level of activity within
a facility that involves a change in application of the requirements
of this subchapter must be classified as a change of use and must
comply with division 9 of this subchapter.
(6) A change in the use of a structure or portion of
a structure must comply with division 9 of this subchapter.
(7) An increase in the building area, aggregate floor
area, building height, or number of stories of a structure must be
classified as an addition and must comply with division 9 of this
subchapter.
(c) If an existing licensed facility plans a building
rehabilitation that includes a change in the facility capacity, HHSC
must reevaluate the ratio of bathing units to meet minimum standards
and the square footage of dining and living areas to meet a minimum
of 19 square feet per bed. Conversion of existing living, dining,
or activity areas to resident bedrooms must not reduce these functions
to a total area of less than 19 square feet per bed. The facility's
registered or licensed dietitian or architect having knowledge in
the design of food service operations must reevaluate the dietary
department. This reevaluation must be provided to HHSC.
(d) A rehabilitation to an occupied building that involves
exit-ways or exit doors must be accomplished without compromising
the exits or creating a dead end situation at any time. HHSC may
approve temporary exits, or the facility must relocate residents until
construction blocking the exit is completed. The facility must maintain
other basic safety features such as fire alarms, sprinkler systems,
and emergency power.
|
