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 ยง 554.330
Current through Reg. 49, No. 38; September 20, 2024
(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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