Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 554 - NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
Subchapter D - FACILITY CONSTRUCTION
Division 4 - CONSTRUCTION AND INITIAL SURVEY
Section 554.330 - Construction Procedures and Initial Survey of Completed Construction
Universal Citation: 26 TX Admin Code § 554.330
Current through Reg. 50, No. 13; March 28, 2025
(a) Construction phase.
(1) Prior to the start of construction of a
new facility or of building rehabilitation other than that classified as repair
in §
554.350 of this subchapter
(relating to Building Rehabilitation), a facility must notify HHSC in Austin,
Texas, in writing.
(2) All
construction must be done according to the minimum licensing requirements in
this subchapter. It is a facility's responsibility to employ qualified
personnel to prepare the contract documents for construction of a new facility
or rehabilitation of an existing facility. Contract documents for additions and
rehabilitation other than that classified as repair or renovation in §
554.350 of this subchapter and for
the construction of an entirely new facility must be prepared by an architect
licensed by the Texas Board of Architectural Examiners. Drawings must bear the
seal of the architect. Certain parts of contract documents, including final
plans, designs, and specifications, must bear the seal of a licensed
professional engineer approved by the Texas Board of Professional Engineers to
operate in Texas or, as permitted by subsections (b)(12) and (15) of this
section, signed by a Responsible Managing Employee or Alarm Planning
Superintendent licensed by the State Fire Marshal's Office. These certain parts
include sheets and sections covering structural, electrical, mechanical,
sanitary, and civil engineering.
(b) Contract documents.
(1) Site plan documents must include grade
contours; streets, with names; a north arrow; fire hydrant locations; fire
lanes; utilities, public or private; fences; unusual site conditions, such as
ditches, low water levels, and other buildings on-site; and indications of
buildings located five feet or less beyond site property lines. Site plan
documents for nursing facilities may include the developed landscaping plan for
resident use.
(2) Foundation plan
documents must include the general foundation design and details.
(3) Floor plan documents must include room
names, numbers, and usages; resident care areas; numbered doors, including
swing; windows; a legend or clarification of wall types; dimensions; fixed
equipment; plumbing fixtures; kitchen basic layout; and identification of all
smoke barrier walls and fire walls, outside wall to outside wall.
(4) For new construction, additions to or
rehabilitation of an existing building, an overall plan of the entire building
must be drawn or reduced to fit on an 8 1/2-inch by 11-inch sheet.
(5) Schedules must include door materials,
sizes, and types; window materials, sizes, and types; room finishes; and
special hardware.
(6) Elevations
must include exterior elevations with material note indications, and interior
elevations, where needed for special conditions.
(7) Roof plans must include any roof top
equipment, roof slopes, drain locations, and gas piping.
(8) Details must include wall sections as
needed, especially for special conditions; cabinets and built-in work, basic
design only; cross sections through buildings as needed; and miscellaneous
details and enlargements as needed.
(9) Building structure documents must include
structural framing layout and details, primarily for columns, beams, joists,
and structural frames; roof framing layout, when this cannot be adequately
shown on cross section; cross sections in quantity and detail to show
sufficient structural design; and structural details as necessary to ensure
adequate structural design.
(10)
Electrical documents must include electrical layout, including lights,
convenience outlets, equipment outlets, switches, and other electrical outlets
and devices; service, circuiting, distribution, and panel diagrams; exit signs
and emergency egress lighting; emergency electrical provisions, such as
generators and panelboards; fire alarms and similar systems, such as control
panels, devices, and alarms; staff communication systems, including a nurse
call system; and sizes and details sufficient to ensure safe and properly
operating systems.
(11) Plumbing
documents must include plumbing layout with pipe sizes and details sufficient
to ensure safe and properly operating systems, water systems, sanitary systems,
gas systems, other systems normally considered under the scope of plumbing,
fixtures, and provisions for combustion air supply.
(12) Heating, ventilation, and
air-conditioning (HVAC) documents must include sufficient details of HVAC
systems and components to ensure a safe and properly operating installation
including, heating, ventilating, and air-conditioning layout; ducts; protection
of duct inlets and outlets; combustion air; piping; exhausts; duct smoke
detectors; fire dampers; and equipment types, sizes, and locations.
(13) Fire sprinkler system plans and
hydraulic calculations must be designed in accordance with the applicable
sections of NFPA 13, and signed by a Responsible Managing Employee, licensed by
the State Fire Marshal's Office, or sealed by a licensed professional
engineer.
(14) Other layouts,
plans, or details that are necessary to convey a clear understanding of the
design and scope of the project, including plans covering private water or
sewer systems, which must be reviewed by the local health or wastewater
authority having jurisdiction.
(15)
Specifications must include installation techniques, quality standards,
manufacturers, references to specific codes and standards, design criteria,
special equipment, hardware, finishes, and any other information needed to
amplify drawings and notes.
(16)
Fire detection and alarm system working plans must be designed according to the
applicable sections of NFPA 72 and NFPA 70 and signed by an Alarm Planning
Superintendent licensed by the State Fire Marshal's Office, or sealed by a
licensed professional engineer.
(c) Initial survey of completed construction.
(1) Upon completion of construction of a new
facility, or building rehabilitation other than that classified as repair or
renovation in §
554.350 of this subchapter, a
final construction inspection of the facility, including grounds, basic
equipment and furnishings, must be performed by HHSC prior to occupancy. The
completed construction must have the written approval of the local authorities
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.
(2) An applicant may obtain the inspection
described in paragraph (1) of this subsection on an expedited basis. An
applicant may obtain a Life Safety Code inspection within 15 business days
after HHSC receives a written request if the applicant submits:
(A) a complete application as required in
§
554.201(b) of
this chapter (relating to Criteria for Licensing) and §
554.204 of this chapter (relating
to Application Requirements); and
(B) the appropriate Life Safety Code fee
listed in §
554.220 of this chapter (relating
to Expedited Life Safety Code and Physical Plant Inspection Fees).
(3) After the completed
construction is surveyed and found acceptable by HHSC, this information is
conveyed to the licensing officer as part of the information needed to issue a
license to the facility. Additions to or rehabilitation of existing facilities
may require a revision or modification to an existing license. The building,
including basic furnishings and operational needs, grades, drives, parking, and
grounds must be 100 percent complete at the time of this initial survey visit
for HHSC to approve occupancy and licensing. A facility may accept up to three
residents between the time it receives initial approval from HHSC and the time
the license is issued.
(4) A copy
of the following documents must be provided to HHSC at the time of the survey
of the completed building. HHSC may request some or all of these documents
prior to scheduling the initial survey:
(A)
written approval of local authorities as called for in paragraph (1) of this
subsection;
(B) record drawings of
the fire detection and alarm system as installed, signed by an Alarm Planning
Superintendent licensed by the State Fire Marshal's Office or sealed by a
licensed professional engineer, including a sequence of operation, the owner's
manuals and the manufacturer's published instructions covering all system
equipment, a signed copy of the State Fire Marshal's Office Fire Alarm
Installation Certificate, and, for software-based systems, a record copy of the
site-specific software, excluding the system executive software or external
programmer software, in a non-volatile, non-erasable, non-rewritable
memory;
(C) documentation of
materials used in the building that are required to have a specific limited
fire resistance or flame spread rating, including special wall finishes or
floor coverings; flame retardant curtains, including cubicle curtains; and fire
resistance-rated ceilings. This documentation must include a signed letter from
the installer verifying the material installed, such as carpeting, is the same
material named in the documented fire test;
(D) record drawings of the fire sprinkler
system as installed, signed by a Responsible Managing Employee licensed by the
State Fire Marshal's Office, or sealed by a licensed professional engineer,
including the hydraulic calculations, alarm configuration, Contractor's
Material and Test Certificates for Aboveground and Underground Piping, and all
literature and instructions provided by the manufacturer describing the proper
operation and maintenance of all equipment and devices in accordance with NFPA
25;
(E) service contracts for
maintenance and testing of systems, including alarm systems and sprinkler
systems;
(F) a copy of gas pressure
test results of all facility gas lines from the meter to gas-fired equipment
and appliances;
(G) a written
statement from an architect or engineer certifying the building was constructed
to meet NFPA 101 all locally applicable codes, and that the facility
substantially conforms to the minimum licensing requirements;
(H) the contract documents specified in
subsection (b) of this section; and
(I) copies of reduced size floor plans on 8
1/2 by 11 inch sheets for record and file use by HHSC and for the facility to
use in evacuation planning and fire alarm zone identification containing basic
legible information such as overall dimensions, room usage names, actual
bedroom numbers, doors, windows, and any other pertinent information.
(d) Non-approval of new construction.
(1) If, during the survey of
completed construction, the surveyor finds basic requirements not met, HHSC
will not license the facility or approve it for occupancy. Such basic items may
include the following:
(A) construction that
does not meet minimum code or licensure standards for basic requirements such
as corridor widths that are less than eight feet clear width, ceilings
installed at less than the minimum seven feet six inches height above the
floor, resident bedroom dimensions less than the required minimum dimensions,
and other similar features that would disrupt or otherwise adversely affect the
residents and staff if corrected after occupancy;
(B) absence of written approval by local
authorities;
(C) fire protection
systems that are not completely installed or not functioning properly,
including fire alarm systems, emergency power and lighting, and sprinkler
systems;
(D) required exits that
are not usable according to NFPA 101 requirements;
(E) telephones that are not installed or not
working properly;
(F) sufficient
basic furnishings, essential appliances and equipment that are not installed or
are not functioning; and
(G) any
other basic operational or safety feature that the surveyor, as the authority
having jurisdiction, encounters that in his judgment would preclude safe and
normal occupancy by residents on that day.
(2) If the surveyor encounters deficiencies
that do not affect the health and safety of the residents, licensure may be
recommended based on an approved written plan of correction by the facility's
administrator.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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