Current through Reg. 49, No. 38; September 20, 2024
(a) Resident
bedrooms.
(1) A new large Type B assisted
living facility must ensure a resident bedroom or living unit is not located on
a floor that is below finished ground level.
(2) A new large Type B assisted living
facility must ensure bedroom usable floor space is not less than 100 square
feet for a bedroom housing one resident and not less than 80 square feet per
resident for a bedroom housing multiple residents, unless otherwise permitted
by paragraphs (3) and (4) of this subsection. Portions of a bedroom that are
less than 10 feet in the smallest dimension cannot be included in the
measurement of bedroom usable floor space, unless approved by HHSC.
(3) A new large Type B assisted living
facility containing individual living units that include living space for the
residents, in addition to their bedroom, may reduce the bedroom usable floor
space for a bedroom housing multiple residents within a living unit by up to 10
percent of the required bedroom usable floor space, as long as the minimum
dimensional criteria are maintained. A new large Type B assisted living
facility must not use this provision in conjunction with the provision
permitting the reduction of common social-diversional areas or common dining
areas found in subsection (g)(6) of this section.
(4) A new large Type B assisted living
facility must house no more than 50 percent of its licensed resident capacity
in bedrooms housing three or more residents. A bedroom must not house more than
four residents.
(b)
Bedroom windows. A new large Type B assisted living facility must ensure each
bedroom has at least one operable window with outside exposure and meeting the
following requirements.
(1) The window sill
must be no higher than 44 inches above the floor.
(2) The window must be operable by a resident
occupying the bedroom, from the inside, without the use of tools or special
devices.
(3) The total area of all
windows in a bedroom must not be less than eight percent of the minimum bedroom
usable floor space required by subsection (a)(3) of this section.
(c) Bedroom furnishings. When a
resident does not provide their own furnishings, a new large Type B assisted
living facility must provide the following furnishings for each resident, which
must be maintained in good repair:
(1) a bed
including a mattress;
(2) a
chair;
(3) a table or dresser;
and
(4) private clothes storage
space, which must have closable doors, and drawer space for clothing and
personal belongings.
(d)
Arrangement of resident living units or rooms.
(1) A new large Type B assisted living
facility must ensure all resident rooms open on an exit, corridor, living area,
or public area.
(2) A new large
Type B assisted living facility must ensure a resident room is arranged for
convenient resident access to dining and recreation areas.
(e) Staff area. A new large Type B assisted
living facility must provide a staff area on each floor of a new large Type B
assisted living facility and in each separate building containing resident
sleeping rooms. A new large Type B assisted living facility must provide the
following at each staff area:
(1) a desk or
writing surface;
(2) a telephone;
and
(3) a fire alarm control unit
or a fire alarm annunciator panel meeting the requirements of §553.245 of
this division (relating to Fire Protection Systems Requirements for a New Large
Type B Assisted Living Facility).
(f) Resident toilet and bathing facilities. A
new large Type B assisted living facility must ensure each resident bedroom is
served by a separate private toilet room, a connecting toilet room, or a
general toilet room.
(1) A new large Type B
assisted living facility that houses individuals of more than one gender must
provide toilet rooms for each gender, or individual single-occupant toilet
rooms for use by any gender.
(2) A
new large Type B assisted living facility must ensure a general toilet room or
bathing room is accessible from a corridor or public space.
(3) A new large Type B assisted living
facility must ensure resident toilet and bathing facilities comply with the
requirements for resident-use plumbing fixtures according to §553.247 of
this division (relating to Mechanical Requirements for a New Large Type B
Assisted Living Facility).
(g) Resident living areas.
(1) A new large Type B assisted living
facility must provide, in a common area of the facility, social-diversional
spaces with appropriate furniture. Examples of social-diversional spaces
include living rooms, day rooms, lounges, dens, game rooms, and sunrooms.
(A) A new large Type B assisted living
facility must provide a social-diversional space with a minimum area of 120
square feet in at least one space within a common area of the facility,
regardless of number of residents or other provisions of this section
permitting a reduction in the total minimum social-diversional space.
(B) A new large Type B assisted living
facility must ensure a social-diversional space has one or more exterior
windows providing a view of the outside.
(C) A new large Type B assisted living
facility must ensure the total space for social-diversional areas is provided
on a sliding scale according to the following table. No space smaller than 120
square feet in area can be counted toward meeting this requirement.
Attached Graphic
(2) A new large Type B
assisted living facility must provide a dining area with appropriate furniture.
(A) A new large Type B assisted living
facility must provide a dining space with a minimum area of 120 square feet in
at least one space within a common area of the facility, regardless of number
of residents or other provisions of this section permitting a reduction in the
total minimum dining space.
(B) A
new large Type B assisted living facility must ensure a dining space has one or
more exterior windows providing a view of the outside.
(C) A new large Type B assisted living
facility must ensure a dining area is accessible from resident living units or
bedrooms via a covered path.
(D) A
new large Type B assisted living facility must ensure the total space for
dining areas is provided on a sliding scale according to the following table.
No space smaller than 120 square feet in area can be counted toward meeting
this requirement.
Attached Graphic
(3) A new large Type B
assisted living facility may provide a total living and dining area combined in
a single or interconnecting space where the minimum area of the combined space
is at least 240 square feet.
(4)
For calculation purposes, where a means of egress passes through a living or
dining area, a new large Type B assisted living facility must deduct a pathway,
equal to the minimum corridor width according to §553.243 of this division
(relating to Means of Egress Requirements for a New Large Type B Assisted
Living Facility), from the measured area of the space.
(5) A new large Type B assisted living
facility must ensure a means of egress through a resident living or dining area
is kept clear of obstructions, except as permitted by NFPA 101.
(6) Subject to the limitations of paragraphs
(1)(A) and (2)(A) of this subsection and subparagraphs (A) and (B) of this
paragraph, a new large Type B assisted living facility containing individual
living units may reduce the minimum square footage required by paragraphs
(1)(C) and (2)(D) of this subsection for total common social-diversional or
common dining areas, respectively, by including up to 10 percent of the
individual living unit area in the calculation of the total social-diversional
area or total dining area.
(A) The individual
living unit area contributed toward total social-diversional space or total
dining space must not be counted more than once per living unit but may be
split between social-diversional and dining space calculations.
(B) A new large Type B assisted living
facility must not utilize both this paragraph and subsection (a)(3) of this
section to reduce both the minimum square footage otherwise required for its
common social-diversional or dining areas and the minimum square footage of
usable floor space otherwise required in bedrooms housing multiple residents
within a living unit.
(h) Storage areas. A new large Type B
assisted living facility must provide sufficient separate storage spaces or
areas for at least:
(1) administrative
records, office supplies, and other storage needs related to
administration;
(2) medications and
medical supplies;
(3) equipment
supplied by the facility for resident needs, including wheelchairs, walkers,
beds, and mattresses;
(4) cleaning
supplies, including for janitorial needs;
(5) food;
(6) clean linens and towels, if the facility
furnishes linen;
(7) soiled linen,
if the facility furnishes linen; and
(8) lawn and maintenance equipment.
(i) General kitchen.
(1) A new large Type B assisted living
facility that prepares food off-site or in a separate building must ensure food
is served at the proper temperature and transported in a sanitary
manner.
(2) A new large Type B
assisted living facility must ensure a kitchen meets the requirements of the
local fire, building, and health codes.
(3) A new large Type B assisted living
facility that prepares food on-site must provide a kitchen or dietary area to
meet the general food service needs of the residents and must include space for
the following:
(A) storage, refrigeration,
preparation, and serving food;
(B)
dish and utensil cleaning which includes:
(i)
a three-compartment sink large enough to immerse pots and pans; and
(ii) a mechanical dishwasher for washing and
sanitizing dishes;
(C) a
food preparation sink;
(D) a
handwashing station in every food preparation area with a supply of hot and
cold water, soap, a towel dispenser, and a waste receptacle;
(E) a handwashing lavatory that is readily
accessible to every dish room area;
(F) refuse storage and removal;
(G) floor drains in the kitchen and
dishwashing areas; and
(H) a grease
trap, if required by local authorities.
(4) A new large Type B assisted living
facility must ensure a kitchen is designed so that room temperature, at peak
load or in the summer, does not exceed 85 degrees Fahrenheit measured
throughout the room at five feet above the floor.
(5) A new large Type B assisted living
facility must ensure the volume of supply air provided takes into account the
large quantities of air that may be exhausted at the range hood and dishwashing
area.
(6) A new large Type B
assisted living facility must provide a supply of hot and cold water.
(A) Hot water for sanitizing purposes must be
180 degrees Fahrenheit.
(B) When
chemical sanitizers are used, hot water must meet the manufacturer's suggested
temperature.
(7) A new
large Type B assisted living facility must maintain a separation between soiled
and clean dish areas.
(8) A new
large Type B assisted living facility must maintain a separation of air flow
between soiled and clean dish areas.
(j) Kitchen restrooms.
(1) A new large Type B assisted living
facility must provide a restroom facility for kitchen staff, including a
lavatory, except as described in paragraph (2) of this subsection.
(A) The restroom facility must be directly
accessible to kitchen staff without traversing resident use areas.
(B) The restroom must open into a service
corridor or vestibule and not open directly into the kitchen.
(2) A new large Type B facility
must ensure a kitchen serving a neighborhood or household provides a restroom
accessible to kitchen staff located in close proximity to the
kitchen.
(k) Kitchen
janitorial facility.
(1) A new large Type B
assisted living facility must provide janitorial facilities exclusively for the
kitchen and located in the kitchen area except as described in paragraph (2) of
this subsection.
(2) A new large
Type B facility must ensure a kitchen serving a neighborhood or household
provides a janitorial facility exclusively for the kitchen that is located in
close proximity to the kitchen.
(3)
A new large Type B assisted living facility must provide a garbage can or cart
washing area with a floor drain and a supply of hot water. The garbage can or
cart washing area may be in the interior or on the exterior of the
facility.
(l) Finishes.
(1) A new large Type B assisted living
facility must provide non-absorbent, smooth finishes or surfaces on all kitchen
floors, walls, and ceilings.
(2) A
new large Type B assisted living facility must provide non-absorbent, smooth,
cleanable finishes on counter surfaces and all cabinet surfaces.
(3) A new large Type B assisted living
facility must ensure surfaces are capable of being routinely cleaned and
sanitized to maintain a healthful environment.
(m) Vision panels in communicating doors. A
new large Type B assisted living facility must ensure a door between a kitchen
and a dining area, serving area, or resident-use area, is provided with a
vision panel with fixed safety glass. Where the door is a required fire door or
is located in a fire barrier or other fire resistance-rated enclosure, the
vision panel, including the glazing and the frame, must meet the requirements
of NFPA 101.
(n) Auxiliary serving
kitchens.
(1) A new large Type B assisted
living facility must ensure an auxiliary serving kitchen is equipped to
maintain required food temperatures.
(2) A new large Type B assisted living
facility must ensure an auxiliary serving kitchen is equipped with a
handwashing lavatory meeting the requirements of this subsection.
(3) A new large Type B assisted living
facility must ensure all surfaces in an auxiliary serving kitchen meet the
requirements for finishes in this section.
(o) Protection of cooking operations.
(1) A new large Type B assisted living
facility must protect cooking facilities according to the requirements in
§553.246 of this division (relating to Hazardous Area Requirements for a
new Large Type B Assisted Living Facility).
(2) The following commercial or residential
cooking equipment used only for reheating, and not for meal preparation, is not
required to comply with the requirements of §553.246 of this division:
(A) microwave ovens;
(B) hot plates; or
(C) toasters.
(p) Food storage areas.
(1) A new large Type B assisted living
facility must provide a food storage area large enough to consistently maintain
a four-day minimum supply of non-perishable food. A food storage area may be
located away from the food preparation area as long as there is space adjacent
to the kitchen for necessary daily usage.
(2) A new large Type B assisted living
facility must provide dollies, racks, pallets, wheeled containers, or shelving
so that food is not stored on the floor and must ensure shelves are adjustable
wire type shelving.
(3) A new large
Type B assisted living facility must provide non-absorbent finishes or surfaces
on all floors and walls in food storage areas.
(4) A new large Type B assisted living
facility must provide effective ventilation in dry food storage areas to ensure
positive air circulation.
(5) A new
large Type B assisted living facility must ensure the maximum room temperature
in a food storage area does not exceed 85 degrees Fahrenheit at any time when
measured at the highest food storage level, but not less than five feet above
the floor.
(q) Laundry
and linen services.
(1) A new large Type B
assisted living facility that co-mingles and processes laundry on-site in a
central location, regardless of the type of laundry equipment used, must ensure
a laundry area:
(A) is separated from the
assisted living building by a fire barrier having a one-hour fire resistance
rating. This separation must extend from the floor to the floor or roof
above;
(B) is protected throughout
by a fire sprinkler system;
(C) has
access doors that open to the exterior or to an interior non-resident use area,
such as a vestibule or service corridor; and
(D) is provided with:
(i) a soiled linen receiving, holding, and
sorting room with a floor drain and forced exhaust to the exterior;
(I) The exhaust must always operate when
soiled linen is held in this area; and
(II) The area may be combined with the washer
section;
(ii) a general
laundry work area that is separated by partitioning a washer section and a
dryer section;
(iii) a storage area
for laundry supplies;
(iv) a
folding area;
(v) an adequate air
supply and ventilation for staff comfort without having to rely on opening a
door that is part of the fire barrier separation required by subparagraph (A)
of this paragraph; and
(vi)
provisions to exhaust heat from dryers and to separate dryer make-up air from
the habitable work areas of the laundry.
(2) If linen is processed off site, the
facility must provide:
(A) a soiled linen
holding room with adequate forced exhaust ducted to the exterior; and
(B) a clean linen receiving, holding,
inspection, sorting or folding, and storage room.
(3) A new large Type B assisted living
facility must ensure a laundry area for resident-use meets the following
requirements.
(A) A new large Type B assisted
living facility must ensure only residential type washers and dryers are
provided in a laundry area for resident-use.
(B) When more than three washers and three
dryers are provided in one laundry area for resident-use, the area must be:
(i) protected throughout by a fire sprinkler
system; or
(ii) separated from the
facility by a fire barrier having a one-hour fire resistance rating.