Current through Reg. 50, No. 13; March 28, 2025
(a) All
buildings in which existing facilities licensed by the department are located
shall comply with this subsection.
(1) A
facility that is licensed before the effective date of these rules is
considered to be a pre-existing or existing facility and shall continue, at a
minimum, to meet the licensing requirements under which it was originally
licensed.
(2) Existing licensed
facilities shall meet the requirements for Existing Ambulatory Health Care
Occupancies contained in Chapter 21 of the 2003 editions of the National Fire
Protection Association 101, Life Safety Code, (NFPA 101). All documents
published by NFPA as referenced in this section may be obtained by writing or
calling the NFPA at the following address or telephone number: National Fire
Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA
02269-9101 or (800) 344-3555. NFPA documents are also available for public
inspection during regular working hours at the offices of Architectural Review
Group, Texas Department of State Health Services, 1100 West 49th Street,
Austin, Texas 78756-3199.
(3) In
lieu of meeting the requirements in paragraph (1) of this subsection, an
existing licensed facility may, instead, comply with National Fire Protection
Association (NFPA) 101, Life Safety Code, 2003 Edition (NFPA 101), Chapter 21,
Existing Ambulatory Health Care Occupancies.
(b) All major remodeling, renovations,
additions and alterations to an existing facility shall be completed in
accordance with the requirements for new construction in § 131.143 of this
title (relating to Construction Requirements for a New Facility). All areas of
an existing facility that is not part of the a major remodel, renovation,
addition or alteration to the facility, are not required to meet these new
construction requirements as long as the existing portion met the rules and
codes that were in effect when it was originally constructed and licensed. When
existing conditions make such changes impractical, the department may grant a
conditional approval of minor deviations from the requirements of §
131.143 of this title, if the intent of the requirements is met and if the
care, safety and welfare of patients will not be jeopardized. The operation of
the facility, accessibility of individuals with disabilities, and safety of the
patients shall not be jeopardized by a condition(s), which is not in compliance
with this chapter.
(1) Any alteration,
modification, replacement, or installation of new building equipment (such as
mechanical, electrical, emergency power equipment, energy/utility management,
conveying systems, plumbing, fire protection, or other equipment) with a
primary function of building service that affects life safety, infection
control, changes the functional operation, or the health, safety, and welfare
of patients and staff shall comply with the requirements for new construction
and shall not be replaced, materially altered, or extended in an existing
facility until complete plans and specifications have been submitted to the
department, and the department has reviewed and approved the plans and
specifications in accordance with § 131.146 of this title (relating to
Preparation, Submittal, Review and Approval of Plans, and Retention of
Records).
(2) Minor remodeling or
alterations within an existing facility which do not involve alterations to
load bearing members and partitions, change functional operation, affect fire
safety, or involve any of the major changes listed in paragraph (1) of this
subsection are considered minor projects and require evaluation and approval by
the department. A facility shall submit by mail or fax a written request and
floor plan for evaluation, a brief description of the proposed changes, and
sketches of the area being remodeled. Based on such submittal, the department
shall evaluate and determine whether any additional submittals or inspections
are required. The department shall notify the facility of its decision.
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 would not require submission to the
department for approval.
(3) All
remodeling or alterations which involve alterations to load bearing members or
partitions, change functional operation, or affect fire safety are considered
major projects. A facility shall comply with this section before beginning
construction of major projects.
(A) Plans
shall be submitted in accordance with this section for all major remodeling or
alterations.
(B) Phasing of
construction in existing facilities.
(i)
Projects involving alterations of or additions to existing buildings shall be
programmed and phased so that on-site construction shall minimize disruptions
of existing functions.
(ii) Access,
exit access, and fire protection shall be maintained so that the safety of the
occupants shall not be jeopardized during construction.
(iii) A noncombustible or limited combustible
dust and vapor barrier shall be provided to separate areas undergoing
demolition and construction from occupied areas. When a fire retardant plastic
material is used for temporary daily usage, it shall be removed at the end of
each day.
(iv) The air inside the
construction area shall be protected by mechanical filtration that recirculates
inside the space or is exhausted directly to the exterior.
(v) The area shall be properly ventilated and
maintained. The area under construction shall have a negative air pressure
differential to the adjoining areas which shall continue as long as
construction dust and odors are present.
(vi) Temporary sound barriers shall be
provided where intense prolonged construction noises will disturb patients or
staff in the occupied portions of the building during patient treatment
times.
(vii) When construction
occurs after hours or on weekends, the facility shall thoroughly clean all
areas of construction and provide a clean safe environment before treating
patients. The facility shall ensure all fire safety protection and building
systems are in place and working properly.
(c) A previously licensed facility
which has been vacated or used for other purposes shall comply with all the
requirements for new construction contained in § 131.143 of this title in
order to be licensed.
