Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
Subchapter C - FACILITY CONSTRUCTION PROCEDURES
Section 559.41 - Construction and Initial Survey of Completed Construction
Universal Citation: 26 TX Admin Code § 559.41
Current through Reg. 49, No. 52; December 27, 2024
(a) Construction phase.
(1) DADS' Regulatory Services Licensing and
Credentialing Section must be notified in writing before construction
starts.
(2) All construction must
be done in accordance with minimum licensing requirements. It is the sponsor's
responsibility to employ qualified personnel to prepare the contract documents
for construction of a new facility or remodeling of an existing facility.
Contract documents for additions and remodeling 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 final plans, designs, and specifications must bear the seal of
a registered professional engineer approved by the Texas Board of Professional
Engineers to operate in Texas. These certain parts include sheets and sections
covering structural, electrical, mechanical, and sanitary engineering.
(A) Remodeling is the construction, removal,
or relocation of walls and partitions; the construction of foundations, floors,
or ceiling-roof assemblies; the expanding or altering of safety systems
(including sprinkler, fire alarm, and emergency systems); or the conversion of
space in a facility to a different use.
(B) General maintenance and repairs of
existing material and equipment, repainting, applications of new floor, wall,
or ceiling finishes, or similar projects are not included as remodeling, unless
as a part of new construction. DADS must be provided flame spread documentation
for new materials applied as finishes.
(b) Contract documents.
(1) Site plan documents must include grade
contours; streets with names; north arrow; fire hydrants; fire lanes;
utilities, public or private; fences; unusual site conditions, such as ditches,
low water levels, other buildings on-site; and indications of buildings five
feet or less beyond site property lines.
(2) Foundation plan documents must include
general foundation design and details.
(3) Floor plan documents must include room
names, numbers, and usages; numbered doors including swing; windows; legend or
clarification of wall types; dimensions; fixed equipment; plumbing fixtures;
and kitchen basic layout; and identification of all smoke barrier walls
(outside wall to outside wall) or fire walls.
(4) For both new construction and additions
or remodeling to existing buildings, an overall plan of the entire building
must be drawn or reduced to fit on an 8 1/2 inch by 11 inch sheet; two reduced
plans must be submitted for file record. See subsection (d)(3) of this
section.
(5) Schedules must include
door materials, widths, types; window materials, sizes, types; room finishes;
and special hardware.
(6)
Elevations and roof plan must include exterior elevations, including material
note indications and any roof top equipment; roof slopes, drains, and gas
piping; and interior elevations where needed for special conditions.
(7) Details must include wall sections as
needed (especially for special conditions); cabinet and built-in work, basic
design only; cross sections through buildings as needed; and miscellaneous
details and enlargements as needed.
(8) Building structure documents must include
structural framing layout and details (primarily for column, beam, joist, and
structural frame building); 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 assure
adequate structural design, also calculated design loads.
(9) 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 light system (exit signs and emergency
egress lighting); emergency electrical provisions (such as generators and
panels); fire alarm and similar systems (such as control panel, devices, and
alarms); sizes and details sufficient to assure safe and properly operating
systems; and a staff communication system.
(10) Plumbing documents must include plumbing
layout with pipe sizes and details sufficient to assure 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.
(11)
Heating, ventilation, and air-conditioning (HVAC) documents must include
sufficient details of HVAC systems and components to assure a safe and properly
operating installation, including heating, ventilating, and air-conditioning
layout, ducts, protection of duct inlets and outlets, combustion air, piping,
exhausts, and duct smoke, fire dampers, or combination fire and smoke dampers;
and equipment types, sizes, and locations.
(12) If a sprinkler system is provided or
required by any authority, documents must include plans and details of NFPA
designed systems; plans and details of partial systems provided only for
hazardous areas; and electrical devices interconnected to the alarm
system.
(13) Other layouts, plans,
or details as may be necessary for a clear understanding of the design and
scope of the project, including plans covering private water or sewer systems
must be reviewed by the local health or waste water authority having
jurisdiction.
(14) Specifications
must include installation techniques, quality standards and/or manufacturers,
references to specific codes and standards, design criteria, special equipment,
hardware, painting, and any others as needed to amplify drawings and
notes.
(c) Initial survey of completed construction.
(1) Upon
completion of construction, including grounds and basic equipment and
furnishings, a final construction inspection (initial survey) of the facility,
including additions or remodeled areas, is required to be performed by the DADS
Regulatory Services Regional Office before occupancy. The completed
construction must have the written approval of the local authorities having
jurisdiction, including the fire marshal and building inspector.
(2) After the completed construction has been
surveyed by DADS and found acceptable, this information will be conveyed to
DADS' Regulatory Services Licensing and Credentialing Section as part of the
information needed to issue a license to the facility. In the case of additions
or remodeling of existing facilities, a revision or modification to an existing
license may be necessary. The building, grades, drives, and parking must
essentially be 100% complete at the time of this initial visit for occupancy
approval and licensing, including basic furnishings and operational needs. A
facility may accept up to three clients between the time it receives initial
approval from DADS and the time the license is issued.
(3) The following documents must be available
to DADS' surveyor at the time of the survey of the completed building:
(A) written approval of local authorities as
called for in paragraph (1) of this subsection;
(B) written certification of the fire alarm
system by the installing agency (Fire Alarm Installation Certificate of the
Texas State Fire Marshal);
(C)
documentation for all materials used in the building that are required to have
a specific limited fire or flame spread rating, including special wall finishes
or floor coverings, flame retardant curtains (including cubicle curtains), and
rated ceilings. This documentation must include a signed letter from the
installer verifying that the material installed is named in the laboratory test
document;
(D) approval of the
completed sprinkler system installation by the designing engineer, including a
copy of the material list and test certification;
(E) service contracts for maintenance and
testing of alarm systems, sprinkler systems, etc.;
(F) a copy of gas test results of the
facility's gas lines from the meter;
(G) a written statement from an architect or
engineer stating that he certifies that the building was constructed to meet
Life Safety Code, NFPA 101, 2000 edition, and all locally applicable codes, and
that the facility is in substantial conformance with minimum licensing
requirements; and
(H) the contract
documents specified in subsection (b) of this section.
(d) Nonapproval of new construction.
(1) If, during the initial
on-site survey of completed construction, the surveyor finds certain basic
requirements not met, he may recommend to DADS that the facility not yet be
licensed and approved 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
corridors being less than required width, ceilings installed at less than the
minimum seven-foot six-inch height, client bedroom dimensions less than
required, and other such features that would disrupt or otherwise adversely
affect the clients and staff if corrected after occupancy;
(B) no written approval by local
authorities;
(C) fire protection
systems not completely installed or not functioning properly, including fire
alarm systems, emergency power and lighting, and sprinkler systems;
(D) required exits not all usable according
to Life Safety Code, NFPA 101, 2000 edition;
(E) telephone not installed or not properly
working;
(F) sufficient basic
furnishings, essential appliances, and equipment are not installed or not
functioning; and
(G) any other
basic operational or safety feature that the surveyor, as the authority having
jurisdiction, encounters, which in his judgment would preclude safe and normal
occupancy by clients on that day.
(2) If the surveyor encounters only less
basic and less important deficiencies, licensure may be recommended based on an
approved written plan of correction from the facility's
administrator.
(3) Copies of
reduced size floor plans on an 8 1/2 inch by 11 inch sheet must be submitted in
duplicate to DADS for record or file use and for the facility's use and for
facility's use for evacuation plan, fire alarm zone identification, etc. The
plan must contain basic legible information such as scale, room usage names,
actual bedroom numbers, doors, windows, and any other pertinent
information.
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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