Current through Reg. 49, No. 38; September 20, 2024
(a)
Resident bedrooms.
(1) An existing small Type
A assisted living facility must ensure a resident bedroom or living unit is not
located on a floor that is below finished ground level.
(2) An existing small Type A assisted living
facility must ensure bedroom-usable floor space is not less than 80 square feet
for a bedroom housing one resident and not less than 60 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 eight feet in the smallest dimension cannot be included in the
measurement of bedroom usable floor space, unless approved by HHSC.
(3) An existing small Type A assisted living
facility containing individual living units that include living space for the
residents in addition to their bedrooms 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. An existing small Type A assisted living
facility may 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)(5) of this section.
(4) An existing small Type A assisted living
facility may 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. An existing small Type A 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 all
residents 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)(2) of this
section.
(4) An existing bedroom
window not meeting these requirements may be continued in service subject to
approval by HHSC.
(5) An existing
small Type A assisted living facility that is not equipped with a fire
sprinkler system meeting the requirements of §553.115 of this division
(relating to Fire Protection Systems Requirements for an Existing Small Type A
Assisted Living Facility) must provide at least one window in each bedroom in
the facility that, in addition to meeting the requirements of paragraphs (1) -
(4) of this subsection, meets the following requirements:
(A) The bedroom window must meet the
requirements of §553.113 of this division (relating to Means of Escape
Requirements for an Existing Small Type A Assisted Living Facility) for use as
a secondary means of escape from a resident sleeping room.
(B) The bedroom window must not be blocked by
bars, shrubs, or any obstacle that could impede evacuation.
(C) The bedroom window must provide an
operable section with a clear opening of not less than 5.7 square feet with a
minimum width of 20 inches and a minimum height of 24 inches.
(6) An existing small Type A
assisted living facility that is protected by an automatic sprinkler system
meeting the requirements of §553.115 of this division must provide an
operable window in a bedroom. The window opening size may be smaller than the
minimum size listed in paragraph (5) of this subsection but must be operable
according to the requirements of paragraph (2) of this subsection.
(c) Bedroom furnishings. When a
resident does not provide their own furnishings, an existing small Type A
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) An existing small Type A assisted living
facility must ensure all resident rooms open on an exit, corridor, living area,
or public area.
(2) An existing
small Type A assisted living facility must ensure all resident rooms are
arranged for convenient resident access to dining and recreation
areas.
(e) Staff area. An
existing small Type A assisted living facility must provide a staff area on
each floor of an existing small Type A assisted living facility and in each
separate building containing resident sleeping rooms, except as permitted under
paragraph (1) of this subsection.
(1) An
existing small Type A assisted living facility that is not more than
two-stories in height and is composed of separate buildings grouped together
and connected by covered walks, is not required to provide a staff area on each
floor or in each building, provided that a staff area is located not more than
200 feet walking distance from the farthest resident living unit.
(2) An existing small Type A assisted living
facility must provide the following at each staff area:
(A) a desk or writing surface;
(B) a telephone; and
(C) a fire alarm control unit or a fire alarm
annunciator panel meeting the requirements of §553.115 of this division
(relating to Fire Protection Systems Requirements for an Existing Small Type A
Assisted Living Facility).
(f) Resident toilet and bathing facilities.
An existing small Type A 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) An existing
small Type A 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) An existing small Type A assisted living
facility must ensure a general toilet room or bathing room is accessible from a
corridor or public space.
(3) An
existing small Type A assisted living facility must ensure resident toilet and
bathing facilities comply with the requirements for resident-use plumbing
fixtures according to §553.117 of this division (relating to Mechanical
Requirements for an Existing Small Type A Assisted Living Facility).
(g) Resident living areas.
(1) An existing small Type A 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) An existing small Type A 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 the number of residents or other provisions of this section
permitting a reduction in the total minimum social-diversional space.
(B) An existing small Type A assisted living
facility must ensure a social-diversional space has one or more exterior
windows providing a view of the outside.
(C) An existing small Type A assisted living
facility must ensure the total space for social-diversional area provides an
area of at least 15 square feet for each resident in the licensed capacity of
the facility. No space smaller than 120 square feet in area can be counted
toward meeting this requirement.
(2) An existing small Type A assisted living
facility must provide a dining area with appropriate furniture.
(A) An existing small Type A 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 the
number of residents or other provisions of this section permitting a reduction
in the total minimum dining space.
(B) An existing small Type A assisted living
facility must ensure a dining space has one or more exterior windows providing
a view of the outside.
(C) An
existing small Type A assisted living facility must ensure a dining area is
accessible from resident living units or bedrooms via a covered path.
(D) An existing small Type A assisted living
facility must ensure the total space for dining areas provides an area of at
least 15 square feet for each resident in the licensed capacity of the
facility. No space smaller than 120 square feet in area can be counted toward
meeting this requirement.
(3) An existing small Type A 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) An existing
small Type A assisted living facility must ensure an escape route through a
resident living or dining area is kept clear of obstructions.
(5) Subject to the limitations of paragraphs
(1)(A) and (2)(A) of this subsection and subparagraphs (A) and (B) of this
paragraph, an existing small Type A 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) An existing small Type A 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. An existing small Type A
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) Kitchen.
(1) An existing small Type A 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) An existing small Type
A assisted living facility that prepares food on-site must provide a kitchen or
dietary area meeting the general food service needs of the residents and must
ensure that the kitchen:
(A) is equipped to
store, refrigerate, prepare, and serve food;
(B) is equipped to clean and
sterilize;
(C) provides for refuse
storage and removal; and
(D) meets
the requirements of the local fire, building, and health codes.
(3) An existing small Type A
assisted living facility must ensure a kitchen uses only residential cooking
equipment or, if the kitchen uses commercial cooking equipment, that the
facility protects the kitchen's cooking operations as required in §553.116
of this division (relating to Hazardous Area Requirements for an Existing Small
Type A Assisted Living Facility).