At the option of the applicant, DADS reviews plans for new
buildings, additions, conversion of buildings not licensed by DADS,
or remodeling of existing licensed facilities. DADS informs the applicant
of the results of the review within 30 days after receipt of the plans.
If the plans comply with DADS architectural requirements, DADS may
not subsequently change the architectural requirement applicable to
the project unless the change is required by federal law or the applicant
fails to complete the project within a reasonable time.
(1)Submittal of plans.
(A)For review of plans, before construction is begun,
the applicant must submit one copy of contract documents including
working drawings and specifications in sufficient detail to interpret
compliance with these standards and assure proper construction by
the general contractor or builder. Documents must be prepared according
to accepted architectural practice and must include general construction,
special conditions, and schedules.
(B)Final copies of plans must have a title block showing
name of facility, person, or organization preparing the sheet, sheet
numbers, facility address, and drawing date. Sheets and sections covering
structural, electrical, mechanical, and sanitary engineering final
plans, designs, and specifications must bear the seal of a registered
professional engineer licensed by the Texas Board of Professional
Engineers. Contract documents for additions, remodeling, and 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.
(C)A final plan for a major addition to a facility
must include a basic layout to scale of the entire building onto which
the addition connects. North direction must be shown. Usually the
entire basic layout can be drawn to scale of 1/16 inch per foot or
1/32 inch per foot for very large buildings.
(D)Plans and specifications for conversions or remodeling
must be complete for all parts and features involved. DADS review
is limited to the plans and specifications for conversions or remodeling
as submitted.
(E)The sponsor is responsible for employing qualified
personnel to prepare the contract documents for construction. If the
contract documents have errors or omissions to the extent that compliance
with architectural and DADS licensing standards cannot be reasonably
assured or determined by DADS, DADS may request a revised set of documents
for review.
(F)The review of plans and specifications by DADS
is based on general utility, the minimum licensing standards, and
conformance of the Life Safety Code, and is not to be construed as
all-inclusive approval of the structural, electrical, or mechanical
components, nor does it include a review of building plans for compliance
with the Texas Accessibility Standards as administered and enforced
by the Texas Department of Licensing and Regulation.
(G)Fees for plan review will be required in accordance
with §92.4 of this chapter (relating to License Fees).
(2)Contract documents.
(A)Site plan documents must include grade contours;
streets with names; North arrow; fire hydrants, fire lanes, utilities,
public or private; fences; and unusual site conditions, including
ditches, low water levels, other buildings on-site, and indications
of buildings five feet or less beyond site property lines.
(B)Foundation plan documents must include general
foundation design and details.
(C)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; kitchen
basic layout; and identification of all smoke barrier walls from outside
wall to outside wall or fire walls.
(D)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.
(E)Schedules must include door materials, widths,
and types; window materials, sizes, and types; room finishes; and
special hardware.
(F)Elevations and roof plan must include exterior
elevations, including material note indications and any roof top equipment;
roof slopes, drains, gas piping, and interior elevations where needed
for special conditions.
(G)Details must include wall sections as needed, especially
for special conditions; cabinet and built-in work; cross sections
through buildings as needed and miscellaneous details and enlargements
as needed.
(H)Building structure documents must include structural
framing layout and details primarily for column, beam, joist, and
structural building; roof framing layout if the layout cannot be adequately
shown on a cross section; and cross sections in quantity and detail
to show sufficient structural design and structural details as necessary
to assure adequate structural design and calculated design loads.
(I)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 including exit signs and emergency
egress lighting; emergency electrical provisions including generators
and panels; staff communication system; fire alarm and similar systems
including control panel, devices, and alarms; and sizes and details
sufficient to assure safe and properly operating systems.
(J)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, and
other systems normally considered under the scope of plumbing, fixtures,
and provisions for combustion air supply.
(K)Heating, ventilating and air-conditioning systems
(HVAC) documents must include sufficient details of HVAC systems and
components to assure a safe and properly operating installation including,
but not limited to, heating, ventilating, and air-conditioning layout,
ducts, protection of duct inlets and outlets, combustion air, piping,
exhausts, and duct smoke and/or fire dampers; and equipment types,
sizes, and locations.
(L)Sprinkler system 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.
(M)Specifications must include information about installation
techniques; quality standards and manufacturers; references to applicable
codes and other standards used for design; design criteria; special
equipment; hardware; finishes; and any other information DADS may
need to interpret drawings and notes.
(N)Other layout, 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 local health or wastewater authority having jurisdiction where
the facility is located.
(3)Construction phase.
(A)DADS must be notified in writing prior to construction
start.
(B)All construction not done to comply with the completed
plans and specifications as submitted for review and as modified in
accordance with review requirements will require additional drawings
if the change is significant.
(4)Initial survey of completed construction.
(A)Upon completion of construction, including grounds
and basic equipment and furnishings, a final construction inspection
or initial survey of the facility must be performed by DADS prior
to the facility admitting residents, unless DADS issues a provisional
license. An initial architectural inspection will be scheduled after
DADS receives a notarized licensure application, required fee, fire
marshal approval, and a letter from an architect or engineer stating
that to the best of the architect's or engineer's knowledge that the
facility meets the architectural requirements for a license.
(B)After DADS surveys the completed construction and
finds it acceptable, DADS forwards the information to the Licensing
and Credentialing Unit as part of the applicant's license application.
In the case of additions or remodeling of existing facilities, the
applicant may be required to submit a revision or modification to
an existing license. All buildings, including basic furnishings and
operational needs, grades, drives, and parking must be 100 percent
complete at the time of the initial visit for occupancy approval and
licensing. A facility may admit no more than three residents after
it receives initial approval from DADS but before a license is issued,
except if DADS issues one of the following licenses the facility may
admit more than three residents:
(i)a provisional license in accordance with §92.20
of this chapter (relating to Provisional License); or
(ii)an initial license in accordance with §92.21
of this chapter (relating to Initial License for a Type A or Type
B Facility for an Applicant in Good Standing).
(C)An applicant must make the following documents
available to a DADS surveyor at the time of the survey of the completed
building:
(i)written approval of local authorities as required
by subparagraph (A) of this paragraph;
(ii)record drawings of the fire detection and alarm
system as installed, signed by an Alarm Planning Superintendent licensed
by the State Fire Marshal's office or bearing the seal of a licensed
professional engineer, including a sequence of operation, the owner's
manuals, and the manufacturer's published instructions covering all
system equipment;
(iii)a signed copy of the State Fire Marshal's Office
Fire Alarm Installation Certificate;
(iv)for software-based fire alarm systems, a record
copy of the site-specific software, excluding the system executive
software or external programmer software in a non-volatile, non-erasable,
non-rewritable memory;
(v)documentation of materials used in the building
which 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;
(vi)a signed letter from the installer of carpeting
verifying that the carpeting is named in the laboratory test document;
(vii)record drawings of the fire sprinkler system
as installed, signed by a Responsible Managing Employee licensed by
the State Fire Marshal's Office, or bearing the seal of a licensed
professional engineer, including the hydraulic calculations, fire
alarm configuration, aboveground and underground Contractor's Material
and Test Certificate;
(viii)all literature and instructions provided by
the sprinkler system manufacturer describing the proper operation
and maintenance of all equipment and devices in accordance with NFPA
25;
(ix)service contracts for maintenance and testing
of alarm systems, sprinkler systems, and other systems;
(x)a copy of a gas test results of the facility's
gas lines from the meter;
(xi)a written statement from an architect or engineer
stating that, from periodic onsite observation visits, the facility
as constructed is, to the best of architect or engineer's knowledge
and belief, in substantial compliance with the architect or engineer's
contract documents, the Life Safety Code, DADS licensure standards,
and local codes; and
(xii)the contract documents described in paragraph
(2) of this section.
(5)Non-approval of new construction.
(A)If, during the initial on-site survey of completed
construction, the surveyor finds certain basic requirements not met,
DADS may recommend that the facility not be licensed and approved
for occupancy. The items that may trigger non-approval include:
(i)substantial changes made during construction that
were not submitted to DADS for review and which may require revised "as-built"
drawings to cover the changes, including architectural, structural,
mechanical, and electrical items specified in paragraph (3)(B) of
this section;
(ii)construction that does not meet minimum Life Safety
Code or DADS licensure standards, including corridors that are less
than required width, ceilings installed at less than the minimum seven-foot
six-inch height, resident bedroom dimensions less than required, and
other features which would disrupt or otherwise adversely affect the
residents and staff if corrected after occupancy;
(iii)lack of written approval by local authorities;
(iv)fire protection systems, including fire alarm
systems, emergency power and lighting, and sprinkler systems, not
completely installed or not functioning properly;
(v)required exits not all usable according to NFPA
101 requirements;
(vi)telephones that are not installed or not properly
working;
(vii)sufficient basic furnishings, essential appliances,
and equipment that are not installed or not functioning; and
(viii)any other basic operational or safety feature
which would preclude safe and normal occupancy by residents on that
day.
(B)If the surveyor encounters only minor deficiencies,
licensure may be recommended based on an approved written plan of
correction from the facility's administrator.
(C)A facility must submit two copies of reduced size
floor plans on an 8 1/2 inch by 11 inch sheet to DADS for DADS records
and the facility's use for evacuation plans and fire alarm zone identification.
The plan must contain basic legible information including scale, room
usage names, actual bedroom numbers, doors, windows, and any other
pertinent information.
The agency certifies that legal counsel
has reviewed the adoption and found it to be a valid exercise of the
agency's legal authority.
Filed
with the Office of the Secretary of State on August 30, 2016
TRD-201604574 Lawrence Hornsby
General Counsel
Department of Aging and Disability Services
Effective date: September 19, 2016
Proposal publication date: April 22, 2016
For further information, please call: (512) 438-2235
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