All applications for license must include written approval
of the local fire authority that the facility and its operation meet
local fire ordinances.
(1) New facility. The sponsor of a new facility under
construction or a previously unlicensed facility will provide to the
Texas Department of Human Services (DHS) a copy of a dated, written
notice to the local health authority that construction or modification
has been or will be completed by a specific date. The local health
authority may provide recommendations to DHS regarding the status
of compliance with local codes, ordinances, or regulations. The sponsor
must also provide a copy of a dated, written notice of the approval
for occupancy by the local building code authority, if applicable.
(2) Increase in capacity. The license holder must request
an application for increase in capacity from DHS. DHS provides the
license holder with the application form, and DHS notifies the local
fire marshal and the local health authority of the request. The license
holder must arrange for the inspection of the facility by the local
fire marshal. Upon completion of the inspection, the license holder
must notify the local health authority and DHS in writing if the facility
meets local code requirements. DHS approves the application only if
the facility is found to be in compliance with the standards. Approval
to occupy the increased capacity may be granted by DHS prior to the
issuance of the license covering the increased capacity after inspection
by DHS if standards are met.
(3) Change of ownership. The applicant for a change
of ownership license must provide to DHS a copy of a letter notifying
the local health authority of the request for a change of ownership.
The local health authority may provide recommendations to DHS regarding
the status of compliance with local codes, ordinances, or regulations.
(4) Renewal. DHS sends the local health authority a
copy of DHS's license renewal notice specifying the expiration date
of the facility's current license. The local health authority may
provide recommendations to DHS regarding the status of compliance
with local codes, ordinances, or regulations. The local authority
may also recommend that a state license be issued or denied; however,
the final decision on licensure status remains with DHS.
|Source Note: The provisions of this §554.202 adopted to be effective May 1, 1995, 20 TexReg 2054; amended to be effective July 1, 1996, 21 TexReg 4408; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871