Current through Reg. 49, No. 38; September 20, 2024
(a) This section
applies to facilities undergoing rehabilitation.
(b) Rehabilitation work is classified as
follows:
(1) The patching, restoration, or
painting of materials, elements, equipment, or fixtures for the purpose of
maintaining such materials, elements, equipment, or fixtures in good or sound
condition must be classified as repair and must meet the following
requirements:
(A) A repair must meet the
applicable requirements of § 554.300(d) of this subchapter (relating to
General Requirements);
(B) A repair
must be done using like materials, unless such materials are prohibited by NFPA
101; and
(C) A repair must not make
a building less conforming with NFPA 101 or the applicable sections of this
subchapter, or with any alternative arrangements previously approved by HHSC,
than it was before the repair was undertaken, unless approved by
HHSC.
(2) 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, must be classified as renovation and must meet the
following requirements:
(A) Any new work that
is part of a renovation must comply with the applicable requirements of §
554.300(d) of this subchapter;
(B)
Any new interior or exterior finishes must meet the requirements of division 9
of this subchapter (relating to Facilities Licensed On or After April 2,
2018).
(C) A renovation must not
make a building less conforming with NFPA 101 or the applicable sections of
this subchapter, or with any alternative arrangements previously approved by
HHSC, than it was before the renovation was undertaken, unless approved by
HHSC; and
(D) The reconfiguration
or extension of any system, or the installation of any additional equipment,
must be classified as modification according to paragraph (3) of this
subsection.
(3) The
reconfiguration of any space; the addition, relocation, or elimination of any
door or window; the addition or elimination of load-bearing elements; the
reconfiguration or extension of any system; or the installation of any
additional equipment, must be classified as modification and must meet the
following requirements:
(A) A newly
constructed element, component, or system must comply with division 9 of this
subchapter;
(B) All other work in a
modification must meet, at a minimum, the requirements for a renovation
according to paragraph (2) of this subsection; and,
(C) If the total rehabilitation work area
classified as modification exceeds 50 percent of the total building area, the
work must be classified as reconstruction according to paragraph (4) of this
subsection.
(4) 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 and fire protection systems, or their equivalent, are not in place or
continuously maintained, must be classified as reconstruction and must meet the
following requirements:
(A) Any
reconstruction of components of the means of egress must comply with the
applicable requirements of § 554.300(d) of this subchapter, except for the
following components, which must comply with division 9 of this subchapter.
(i) illumination of means of
egress;
(ii) emergency lighting of
means of egress; or
(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 on that floor identified in
paragraph (4)(A)(i) - (iii) of this subsection must comply with division 9 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 in the building identified
in paragraph (4)(A)(i) - (iii) of this subsection must comply with division 9
of this subchapter.
(D) All other
work classified as reconstruction must meet, at a minimum, the requirements for
modification according to paragraph (3) of this subsection and renovation
according to paragraph (2) of this subsection.
(5) A change in the purpose or level of
activity within a facility that involves a change in application of the
requirements of this subchapter must be classified as a change of use and must
comply with division 9 of this subchapter.
(6) A change in the use of a structure or
portion of a structure must comply with division 9 of this
subchapter.
(7) An increase in the
building area, aggregate floor area, building height, or number of stories of a
structure must be classified as an addition and must comply with division 9 of
this subchapter.
(c) If
an existing licensed facility plans a building rehabilitation that includes a
change in the facility capacity, HHSC must reevaluate the ratio of bathing
units to meet minimum standards and the square footage of dining and living
areas to meet a minimum of 19 square feet per bed. Conversion of existing
living, dining, or activity areas to resident bedrooms must not reduce these
functions to a total area of less than 19 square feet per bed. The facility's
registered or licensed dietitian or architect having knowledge in the design of
food service operations must reevaluate the dietary department. This
reevaluation must be provided to HHSC.
(d) A rehabilitation to an occupied building
that involves exit-ways or exit doors must be accomplished without compromising
the 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 such as fire alarms, sprinkler systems, and emergency power.
