Current through Reg. 49, No. 38; September 20, 2024
(a) Resident
bedrooms.
(1) A new small 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 small 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 the Texas Health
and Human Services Commission.
(3)
A new small 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 small
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)(5) of this section.
(4) A new small 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 small 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 small 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 small Type B assisted living
facility must ensure all resident rooms open on an exit, corridor, living area,
or public area.
(2) A new small
Type B assisted living facility must ensure all resident rooms are arranged for
convenient resident access to dining and recreation areas.
(e) Staff area. A new small Type B assisted
living facility must provide a staff area on each floor of a new small Type B
assisted living facility and in each separate building containing resident
sleeping rooms. A new small 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 §553.225 of
this division (relating to Fire Protection Systems Requirements for a New Small
Type B Assisted Living Facility).
(f) Resident toilet and bathing facilities. A
new small 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 small 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 small 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 small Type B assisted living
facility must ensure resident toilet and bathing facilities comply with the
requirements for resident-use plumbing fixtures according to §553.227 of
this division (relating to Mechanical Requirements for a New Small Type B
Assisted Living Facility).
(g) Resident living areas.
(1) A new small 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 small 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 the number of residents or other provisions of this section
permitting a reduction in the total minimum social-diversional space.
(B) A new small 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 small Type B 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) A new small Type B assisted living
facility must provide a dining area with appropriate furniture.
(A) A new small 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 the
number of residents or other provisions of this section permitting a reduction
in the total minimum dining space.
(B) A new small 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
small 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 small Type B 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) A new small 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) A new small
Type B 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, a new small 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 small 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 small 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) Kitchen.
(1) A new small 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 small Type B
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) A new small Type B 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 §553.226 of this
division (relating to Hazardous Area Requirements for a New Small Type B
Assisted Living Facility).