Current through Reg. 50, No. 13; March 28, 2025
(a) Prior to
the start of building rehabilitation, other than that classified as repair in
subsection (b) of this section, a facility must notify the Texas Health and
Human Services commission (HHSC) in Austin, Texas, in writing.
(b) Upon completion of building
rehabilitation, other than that classified as repair or renovation in this
section, a final construction inspection of the facility must be performed by
HHSC prior to occupancy. The completed construction must have the written
approval of the local authority having jurisdiction, including the fire marshal
and building official. When construction or building rehabilitation does not
alter the licensed capacity of a facility, based on submitted documentation and
the scope of the performed building rehabilitation, HHSC may permit a facility
to use the rehabilitated portion of a facility pending a final construction
inspection or may determine a final construction inspection is not
required.
(c) An assisted living
facility undergoing any building rehabilitation must meet the requirements of
this section.
(1) An assisted living facility
must ensure the patching, restoration, or painting of materials, elements,
equipment, or fixtures for maintaining such materials, elements, equipment, or
fixtures in good or sound condition is classified as repair and must ensure the
repair:
(A) meets the applicable requirements
of §
553.100(e) of
this subchapter (relating to General Requirements);
(B) uses like materials, unless such
materials are prohibited by NFPA 101, as modified by this subchapter;
and
(C) does not make a building
less conforming with NFPA 101, as modified by this subchapter, with the
applicable sections of this subchapter, or with any alternative arrangements
previously approved by HHSC, than it was before the repair was
undertaken.
(2) An
assisted living facility must ensure 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 is classified as
renovation and must ensure:
(A) any new work
that is part of a renovation meets the applicable requirements of §
553.100(e) of
this subchapter;
(B) any new
interior or exterior finishes meet the applicable requirements of §
553.100(e)(3) of
this subchapter; and
(C) does not
make a building less conforming with NFPA 101, as modified by this subchapter,
with the applicable sections of this subchapter, or with any alternative
arrangements previously approved by HHSC, than it was before the renovation was
undertaken.
(3) An
assisted living facility must ensure the reconfiguration of any space;
addition, relocation, or elimination of any door or window; addition or
elimination of load-bearing elements; reconfiguration or extension of any
system; installation of any additional equipment; or changes in locking
arrangements as defined in §
553.101(6)(L) of
this subchapter (relating to Definitions), is classified as modification and
must ensure:
(A) a newly constructed element,
component, or system meets the applicable requirements of §
553.100(e)(3) of
this subchapter;
(B) all other work
in a modification meets, at a minimum, the requirements for a renovation
according to paragraph (2) of this subsection; and
(C) where the total rehabilitation work area
classified as modification exceeds 50 percent of the total building area, the
work is classified as reconstruction subject to paragraph (4) of this
subsection.
(4) An
assisted living facility must ensure 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 or fire protection
systems are not in place or continuously maintained, is classified as
reconstruction and must ensure:
(A)
reconstruction of components of the means of egress meets the applicable
requirements of §
553.100(e) of
this subchapter, except for the following components, which must meet the
specific requirements of §
553.100(e)(3) of
this subchapter:
(i) illumination of means of
egress;
(ii) emergency lighting of
means of egress; and
(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 identified in paragraph
(4)(A)(i) - (iii) of this subsection and located on that floor meet the
specific requirements of §
553.100(e)(3) 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 identified in paragraph
(4)(A)(i) - (iii) of this subsection and located in the building meet the
specific requirements of §
553.100(e)(3) of
this subchapter; and
(D) all other
work classified as reconstruction meets, at a minimum, the requirements for
modification according to paragraph (3) of this subsection and renovation
according to paragraph (2) of this subsection.
(5) An assisted living facility must ensure a
change in the purpose or level of activity within a facility that involves a
change in application of the requirements of this subchapter, including a
change of a wing or area to a Certified Alzheimer's Disease Assisted Living
Facility or unit, or a change of a Certified Alzheimer's Disease Assisted
Living Facility or unit to ordinary resident-use, is classified as a change of
use and meets the specific requirements of §
553.100(e)(3) of
this subchapter.
(6) An assisted
living facility must ensure a change in the use of a structure or portion of a
structure is classified as a change of occupancy and meets the specific
requirements of §
553.100(e)(3) of
this subchapter.
(7) An assisted
living facility must ensure an increase in the building area, aggregate floor
area, building height, or number of stories of a structure is classified as an
addition and meets the specific requirements of §
553.100(e)(3) of
this subchapter.
(d) An
assisted living facility undergoing rehabilitation must comply with the
requirements of NFPA 101, as modified by this subchapter in accordance with the
requirements of NFPA 101, Chapter 43, Building Rehabilitation.
(e) An assisted living facility undergoing
rehabilitation to an occupied building that involves means of escape,
exit-ways, or exit doors must be accomplished without compromising the means of
escape, means of egress, or 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, including fire alarm systems and fire sprinkler systems,
in compliance with their relevant standards and must maintain required
emergency power at all times during construction.
