Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 19.
NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
Subchapter C. NURSING FACILITY LICENSURE APPLICATION PROCESS
40 TAC §19.219
The Texas Department of Human Services (DHS) proposes new §19.219,
concerning plan review fees, and new §19.344, concerning plans, approvals,
and construction procedures, in its Nursing Facility Requirements for Licensure
and Medicaid Certification chapter. The purpose of the new sections is to
incorporate changes made in Senate Bill 38 by the 77th Legislature that will
allow DHS to conduct architectural plan reviews in nursing facilities.
James R. Hine, Commissioner, has determined that for the first five-year
period the sections are in effect, there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
The rule adds a fee for an optional service to be provided by DHS, but the
fee is set in an amount intended to offset the cost to DHS of providing the
service.
Mr. Hine also has determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
adoption of the proposed sections will be detection and correction of possible
architecture violations in plans, which providers voluntarily submit for review
and approval before the initial on-site architectural inspection. There is
no adverse economic effect on small or micro businesses. While businesses
will be required to pay a fee to obtain the plan review, architectural problems
can be identified and corrected before construction or remodeling begins,
which could save money for facility operators. Businesses that choose not
to request a plan review will not have to pay the fee. There is no anticipated
economic cost to persons who are required to comply with the proposed section.
There also is no anticipated effect on local employment in geographic areas
affected by the section.
Questions about the content of this proposal may be directed to Jeanoyce
Wilson at (512) 438-2353 in DHS's Long Term Care Policy section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-018,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
these rules. Accordingly, the department is not required to complete a takings
impact assessment regarding these rules.
The section is proposed under the Health and Safety Code, Chapter 242,
which authorizes DHS to license and regulate nursing facilities.
The section implements the Health and Safety Code, §§242.001-242.268.
§19.219.Plan Review Fees.
(a)
The Texas Department of Human Services (DHS) charges a
fee to review plans for new buildings, additions, conversion of buildings
not licensed by DHS, or remodeling of existing licensed facilities.
(b)
The fee schedule follows:
(1)
Facilities--new construction:
(A)
single-story facilities--$20 per bed, $2,000 minimum; and
(B)
multiple-story facilities--$24 per bed, $2,500 minimum.
(2)
Additions or remodeling of existing licensed facilities--2%
of construction cost with $500 minimum fee and a maximum not to exceed $2,000.
(3)
Alzheimer's certification--$550 in addition to the fees
specified in paragraphs (1)-(2) of this subsection.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on January 14, 2002.
TRD-200200142
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 438-3734
40 TAC §19.344
The section is proposed under the Health and Safety Code,
Chapter 242, which authorizes DHS to license and regulate nursing facilities.
The section implements the Health and Safety Code, §§242.001-242.268.
§19.344.Plans, Approvals, and Construction Procedures.
At the option of the applicant, the Texas Department of Human Services
(DHS) will review plans for new buildings, additions, conversion of buildings
not licensed by DHS, or remodeling of existing licensed facilities. DHS will,
within 30 days, inform the applicant in writing of the results of the review.
If the plans comply with DHS's architectural requirements, DHS may not subsequently
change the architectural requirement applicable to the project unless the
change is required by federal law or the applicant fails to complete the project
within two years. DHS may grant a waiver of this two-year period for delays
due to unusual circumstances. There is no time limit to complete a project,
only a time limit for completing a project using requirements that have been
revised after the project was reviewed.
(1)
Submittal of plans.
(A)
For review of plans, submit one copy of working drawings
and specifications (contract documents) before construction begins. Documents
must be in sufficient detail to interpret compliance with these standards
and assure proper construction. Documents must be prepared according to accepted
architectural practice and must include general construction, special conditions,
and schedules.
(B)
Final copies of plans must have (in the reproduction process
by which plans are reproduced) a title block that shows name of facility,
person, or organization preparing the sheet, sheet numbers, facility address,
and drawing date. Sheets and sections covering structural, electrical, mechanical,
and sanitary engineering final plans, designs, and specifications must bear
the seal of a registered professional engineer approved by the State Board
of Registration for Professional Engineers to operate in Texas. Contract documents
for additions, remodeling, and construction of an entirely new facility must
be prepared by an architect licensed by the Texas State Board of Architectural
Examiners. Drawings must bear the seal of the architect.
(C)
A final plan for a major addition to a facility must include
a basic layout to scale of the entire building onto which the addition will
connect. North direction must be shown. The entire basic layout usually can
be to scale such as 1/16 inch per foot or 1/32 inch per foot for very large
buildings.
(D)
Plans and specifications for conversions or remodeling
must be complete for all parts and features involved.
(E)
The sponsor is responsible for employing qualified personnel
to prepare the contract documents for construction. If the contract documents
have errors or omissions to the extent that conformance with standards cannot
be reasonably assured or determined, a revised set of documents for review
may be requested.
(F)
The review of plans and specifications by DHS is based
on general utility, the minimum licensing standards, and conformance of the
Life Safety Code, and is not to be construed as all- inclusive approval of
the structural, electrical, or mechanical components, nor does it include
a review of building plans for compliance with the Texas Accessibility Standards
as administered and enforced by the Texas Department of Licensing and Regulation.
(G)
Fees for plan review will be required in accordance with §19.219
of this title (relating to Plan Review Fees).
(2)
Contract documents.
(A)
Site plan documents must include:
(i)
grade contours;
(ii)
streets (with names);
(iii)
north arrow;
(iv)
fire hydrants;
(v)
fire lanes;
(vi)
utilities, public or private;
(vii)
fences; and
(viii)
unusual site conditions, such as
(I)
ditches;
(II)
low water levels;
(III)
other buildings on-site; and
(IV)
indications of buildings five feet or less beyond site
property lines.
(B)
Foundation plan documents must include general foundation
design and details.
(C)
Floor plan documents must include:
(i)
room names, numbers, and usages;
(ii)
doors (numbered), including swing;
(iii)
windows;
(iv)
legend or clarification of wall types;
(v)
dimensions;
(vi)
fixed equipment;
(vii)
plumbing fixtures;
(viii)
kitchen basic layout; and
(ix)
identification of all smoke barrier walls (outside wall
to outside wall) or fire walls.
(D)
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.
(E)
Schedules must include:
(i)
door materials, widths, and types;
(ii)
window materials, sizes, and types;
(iii)
room finishes; and
(iv)
special hardware.
(F)
Elevations and roof plan must include:
(i)
exterior elevations, including
(I)
material note indications; and
(II)
any rooftop equipment;
(ii)
roof slopes;
(iii)
drains;
(iv)
gas piping, etc.; and
(v)
interior elevations where needed for special conditions.
(G)
Details must include:
(i)
wall sections as needed, especially for special conditions;
(ii)
cabinet and built-in work, basic design only;
(iii)
cross sections through buildings as needed; and
(iv)
miscellaneous details and enlargements as needed.
(H)
Building structure documents must include:
(i)
structural framing layout and details (primarily for column,
beam, joist, and structural building);
(ii)
roof framing layout (when it cannot be adequately shown
on cross section); and
(iii)
cross sections in quantity and detail to show sufficient
structural design and structural details as necessary to assure adequate structural
design and calculated design loads.
(I)
Electrical documents must include:
(i)
electrical layout, including lights, convenience outlets,
equipment outlets, switches, and other electrical outlets and devices;
(ii)
service, circuiting, distribution, and panel diagrams;
(iii)
exit light system (exit signs and emergency egress lighting);
(iv)
emergency electrical provisions (such as generators and
panels);
(v)
staff communication system;
(vi)
fire alarm and similar systems (such as control panel,
devices, and alarms); and
(vii)
sizes and details sufficient to assure safe and properly
operating systems.
(J)
Plumbing documents must include:
(i)
plumbing layout with pipe sizes and details sufficient
to assure safe and properly operating systems;
(ii)
water systems;
(iii)
sanitary systems;
(iv)
gas systems; and
(v)
other systems normally considered under the scope of plumbing,
fixtures, and provisions for combustion air supply.
(K)
Heating, ventilating, and air-conditioning systems (HVAC)
documents must include:
(i)
sufficient details of HVAC systems and components to assure
a safe and properly operating installation, including, but not limited to,
heating, ventilating, and air-conditioning layout, ducts, protection of duct
inlets and outlets, combustion air, piping, exhausts, and duct smoke and/or
fire dampers; and
(ii)
equipment types, sizes, and locations.
(L)
Sprinkler system documents must include:
(i)
plans and details of National Fire Protection Association
(NFPA) designed systems;
(ii)
plans and details of partial systems provided only for
hazardous areas; and
(iii)
electrical devices interconnected to the alarm system.
(M)
Specifications must include:
(i)
installation techniques;
(ii)
quality standards and/or manufacturers;
(iii)
references to specific codes and standards;
(iv)
design criteria;
(v)
special equipment;
(vi)
hardware;
(vii)
finishes; and
(viii)
any others as needed to amplify drawings and notes.
(N)
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 local health
or wastewater authority having jurisdiction.
(3)
Construction phase.
(A)
DHS must be notified in writing before construction starts.
(B)
All construction not done in accordance with the completed
plans and specifications as submitted for review and as modified in accordance
with review requirements will require additional drawings if the change is
significant.
(4)
Initial survey of completed construction.
(A)
Upon completion of construction, including grounds and
basic equipment and furnishings, a final construction inspection (initial
survey) of the facility must be performed by DHS before admitting residents.
An initial architectural inspection will be scheduled after DHS receives a
notarized licensure application, required fee, fire marshal approval, and
a letter from an architect or engineer stating that to the best of their knowledge
the facility meets the architectural requirements for licensure.
(B)
After the completed construction has been surveyed by DHS
and found acceptable, this information will be forwarded to the DHS Facility
Enrollment 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,
including basic furnishings and operational needs, grades, drives, and parking,
must essentially be 100% complete at the time of this initial visit for occupancy
approval and licensing. A facility may accept up to three residents between
the time it receives initial approval from DHS and the time the license is
issued.
(C)
The following documents must be available to DHS's architectural
inspecting surveyor at the time of the survey of the completed building:
(i)
written approval of local authorities as required in subparagraph
(A) of this paragraph;
(ii)
written certification of the fire alarm system by the
installing agency (the Texas State Fire Marshal's Fire Alarm Installation
Certificate);
(iii)
documentation of 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), rated ceilings, etc., and, in the case of carpeting, a
signed letter from the installer verifying that the carpeting installed is
named in the laboratory test document;
(iv)
approval of the completed sprinkler system installation
by the Texas Department of Insurance or designing engineer. A copy of the
material list and test certification must be available;
(v)
service contracts for maintenance and testing of alarm
systems, sprinkler systems, etc.;
(vi)
a copy of gas test results of the facility's gas lines
from the meter;
(vii)
a written statement from an architect/engineer stating,
to the best of his knowledge, the building was constructed in substantial
compliance with the construction documents, the Life Safety Code, DHS licensure
standards, and local codes; and
(viii)
any other such documentation as needed.
(5)
Nonapproval of new construction.
(A)
If, during the initial on-site survey of completed construction,
the surveyor finds certain basic requirements not met, DHS may recommend the
facility not be licensed and approved for occupancy. Such items may include
the following:
(i)
substantial changes made during construction that were
not submitted to DHS for review and that may require revised "as-built" drawings
to cover the changes. This may include architectural, structural, mechanical,
and electrical items as specified in paragraph (3)(B) of this section;
(ii)
construction that does not meet minimum code or licensure
standards, such as corridors that are less than required width, ceilings installed
at less than the minimum seven-foot, six-inch height, resident bedroom dimensions
less than required, and other such features that would disrupt or otherwise
adversely affect the residents and staff if corrected after occupancy;
(iii)
no written approval by local authorities;
(iv)
fire protection systems, including, but not limited to,
fire alarm systems, emergency power and lighting, and sprinkler systems, not
completely installed or not functioning properly;
(v)
required exits not all usable according to National Fire
Protection Association (NFPA) 101 requirements;
(vi)
telephone not installed or not properly working;
(vii)
sufficient basic furnishings, essential appliances, and
equipment not installed or not functioning; and
(viii)
any other basic operational or safety feature that would
preclude safe and normal occupancy by residents on that day.
(B)
If the surveyor encounters only minor deficiencies, licensure
may be recommended based on an approved written plan of correction from the
facility's administrator.
(C)
Copies of reduced-size floor plans on an 8 1/2-inch by
11-inch sheet must be submitted in duplicate to DHS for record/file use and
for the 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.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State, on January 14, 2002.
TRD-200200143
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 438-3734
Subchapter K. CORRECTING INFORMATION
40 TAC §§79.1001 - 79.1004
The Texas Department of Human Services (DHS) proposes new §79.1001,
concerning the right to correct incorrect information, §79.1002, concerning
requesting a correction, §79.1003, concerning where to send a request
for correction, and §79.1004, concerning the correction review, to its
new Subchapter K, Correcting Information, in its Legal Services chapter. The
purpose of the new sections is to implement §559.004, Government Code,
which requires a state governmental body to establish a reasonable procedure
through which an individual can request that the state governmental body correct
information about the individual. The proposed sections detail how an individual
may make a request for correction, set a time limit for DHS to decide whether
to make a correction, state how information is corrected, and detail how an
individual is notified of a correction.
James R. Hine, Commissioner, has determined that for the first five-year
period the proposed sections will be in effect there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
sections.
Mr. Hine also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of adoption
of the proposed rules will be that individual members of the public will have
an easy way to contact DHS to correct information concerning them. This will
enhance DHS's opportunity to have accurate records, which will allow DHS to
provide better service to the public. There will be no effect on small or
micro businesses as a result of enforcing or administering the sections because
the proposed sections establish DHS administrative procedures enabling better
public service. There is no anticipated economic cost to persons who are required
to comply with the proposed sections. There will be no anticipated effect
on local employment in geographic areas affected by these sections.
Questions about the content of this proposal may be directed to William
Buida at (512) 438- 3093 in DHS's legal department. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-048, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The sections are proposed under the Human Resources Code, Title
2, Chapter 22, which authorizes the department to administer public assistance
programs; and under Texas Government Code §559.004, which authorizes
the department to correct information.
The sections implement the Human Resources Code, §§22.001-22.030;
and the Texas Government Code, §559.004.
§79.1001.Right to Correct Incorrect Information.
(a)
An individual may ask the Texas Department of Human Services
(DHS) to correct information that DHS has about that individual.
(b)
DHS will review the request and decide if the information
should be corrected in accordance with this subchapter.
(c)
This subchapter does not apply when there are any other
requirements that an individual give DHS updated and corrected information
or when DHS has another applicable change process. For example, Texas Works
advisors tell recipients of Medicaid, Food Stamps, and Temporary Assistance
for Needy Families (TANF) about requirements to report new or changed information.
§79.1002.Requesting a Correction.
(a)
A request to correct information must be in writing and
must:
(1)
identify the individual requesting the correction;
(2)
identify the disputed information about the individual;
(3)
state why the information is incorrect;
(4)
include any evidence that shows the information is incorrect;
(5)
state what correction is requested; and
(6)
include a return address, telephone number, or email address
at which the individual can be contacted.
(b)
If the Texas Department of Human Services (DHS) cannot
identify the individual, locate the information in question, or determine
what correction is requested, DHS may contact the individual to clarify the
request. If DHS cannot clarify the request, the request will be denied.
§79.1003.Where to Send a Request for Correction.
(a)
Texas Department of Human Services (DHS) employees send
the request to their supervisor or Human Resource Services representative.
(b)
Licensees send the request to the DHS office that grants
the license.
(c)
Individuals served by DHS's programs send the request to
their local office.
(d)
Contractors send the request to the DHS office that is
responsible for the contract.
(e)
Other individuals send the request to the DHS office that
they usually contact.
(f)
Individuals who do not know where to send a request send
it to the Information and Referral Unit in State Office, W-231, Texas Department
of Human Services, P.O. Box 149030, Austin, Texas 78714-9030, or the Public
Information Director in a regional office.
§79.1004.The Correction Review.
(a)
The Texas Department of Human Services (DHS) will decide
whether information should be corrected. DHS will notify the individual of
the decision in writing no later than 60 days after receipt of the request
for correction.
(b)
Records may not be destroyed or altered to make a correction.
DHS will add the correct information to the record with the incorrect information
and make a notation that the correct information supercedes the incorrect
information.
(c)
DHS will not review information as provided in this subchapter
if DHS previously reviewed the information to determine its accuracy under
a different review process. Examples of other review processes include personnel
grievance hearings, client fair hearings, formal appeals, informal dispute
resolution, and informal reconsideration.
(d)
If DHS received the disputed information from a person
other than the individual, DHS will not correct the information unless the
other person agrees the information is incorrect or DHS can independently
determine the information is incorrect.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on January 14, 2002.
TRD-200200138
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 438-3734
The Texas Department of Human Services (DHS) proposes to repeal §90.20,
concerning time periods for processing license applications, new §90.20,
concerning plan review fees, new §90.21, concerning time periods for
processing license applications, and new §90.75, concerning plans, approvals,
and construction procedures, in its Intermediate Care Facilities for Persons
with Mental Retardation or Related Conditions chapter. The purpose of the
new sections is to incorporate changes made in Senate Bill 38 by the 77th
Legislature that will allow DHS to conduct architectural plan reviews in intermediate
care facilities for persons with mental retardation or related conditions.
James R. Hine, Commissioner, has determined that for the first five-year
period the sections are in effect, there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
The rule adds a fee for an optional service to be provided by DHS, but the
fee is set in an amount intended to offset the cost to DHS of providing the
service.
Mr. Hine also has determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
adoption of the proposed sections will be detection and correction of possible
architecture violations in plans, which providers voluntarily submit for review
and approval before the initial on-site architectural inspection. There is
no adverse economic effect on small or micro businesses. While businesses
will be required to pay a fee to obtain the plan review, architectural problems
can be identified and corrected before construction or remodeling begins,
which could save money for facility operators. Businesses that choose not
to request a plan review will not have to pay the fee. There is no anticipated
economic cost to persons who are required to comply with the proposed section.
There also is no anticipated effect on local employment in geographic areas
affected by the section.
Questions about the content of this proposal may be directed to Jeanoyce
Wilson at (512) 438-2353 in DHS's Long Term Care Policy section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-018,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
Subchapter B. APPLICATION PROCEDURES
40 TAC §90.20
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Human Services or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Health and Safety
Code, Chapter 252, which authorizes DHS to license and regulate intermediate
care facilities for persons with mental retardation or related conditions.
The repeal implements the Health and Safety Code, §§252.001 -
252.186.
§90.20.Time Periods for Processing License Applications.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on January 14, 2002.
TRD-200200144
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 438-3734
40 TAC §90.20, §90.21
The sections are proposed under the Health and Safety Code,
Chapter 252, which authorizes DHS to license and regulate intermediate care
facilities for persons with mental retardation or related conditions.
The sections implement the Health and Safety Code, §§252.001
- 252.186.
§90.20.Plan Review Fees.
(a)
The Texas Department of Human Services (DHS) charges a
fee to review plans for new buildings, additions, conversion of buildings
not licensed by DHS, or remodeling of existing licensed facilities.
(b)
The fee schedule is as follows.
(1)
New small prompt/slow facility (4 to 16 beds based on residential
board and care occupancy of the Life Safety Code, Chapter 21-2, prompt or
slow evacuation capability):
(A)
single story--$900;
(B)
multiple story--$1,100; and
(C)
additions or remodeling--2% of construction cost with a
$350 minimum fee and a maximum of 50% of the plan review fee for a new facility
of the same type.
(2)
New large prompt/slow facility (17 or more beds based on
residential board and care occupancy of the Life Safety Code, Chapter 21-3,
prompt or slow evacuation capability):
(A)
single story:
(i)
facilities with 17-80 beds--$1,100;
(ii)
facilities with 81-120 beds--$1,650; and
(iii)
facilities with 121+ beds--$14 per bed.
(B)
multiple story:
(i)
facilities with 17-80 beds--$1,650;
(ii)
facilities with 81-120 beds--$2,150; and
(iii)
facilities with 121+ beds--$18 per bed.
(C)
additions or remodeling--2% of construction cost with a
$400 minimum fee and a maximum of 50% of the plan review fee for a new facility
of the same type.
(3)
New small impractical facility (4 to 16 beds based on residential
board and care occupancy of the Life Safety Code, Chapter 21-2, impractical
evacuation capability):
(A)
single story--$1,100;
(B)
multiple story--$1,650;
(C)
additions or remodeling--2% of construction cost with a
$350 minimum fee and a maximum of 50% of the plan review fee for a new facility
of the same type.
(4)
New large impractical facility (17 or more beds based on
the health care occupancy of the Life Safety Code, Chapter 12):
(A)
single story:
(i)
facilities with 17-80 beds--$1,600;
(ii)
facilities with 81-120 beds--$2,150;
(iii)
facilities with 121+ beds--$18 per bed.
(B)
multiple story:
(i)
facilities with 17-80 beds--$2,100;
(ii)
facilities with 81-120 beds--$2,650;
(iii)
facilities with 121+ beds--$22 per bed.
(C)
additions or remodeling--2% of construction cost with $500
minimum fee and a maximum of 50% of the plan review fee for a new facility
of the same type.
§90.21.Time Periods for Processing License Applications.
(a)
The Texas Department of Human Services (DHS) only processes
applications received within 60 days before the requested date of the issuance
of the license.
(b)
An application is complete when all requirements for licensing
have been met, including compliance with standards. If an inspection for compliance
is required, the application is not complete until the inspection has occurred,
reports are reviewed, and the applicant complies with the standards.
(c)
If the application is postmarked by the filing deadline,
the application is considered to be timely filed if received in the Facility
Enrollment Section of the state office of Long Term Care-Regulatory, Texas
Department of Human Services, within 15 days of the postmark.
(d)
Long Term Care-Regulatory notifies facilities within 30
days of receipt of the application if any of the following applications are
incomplete: initial application, change of ownership, renewal, and increase
in capacity.
(e)
A license is issued or denied within 30 days of the receipt
of a complete application or within 30 days before the expiration date of
the license. DHS may delay action on an application for renewal of a license
for up to six months if the facility is subject to a proposed or pending licensure
termination action on or within 30 days before the expiration date of the
license. The issuance of the license constitutes DHS's official written notice
to the facility of the acceptance and filing of the application.
(f)
Reimbursement of fees.
(1)
In the event the application is not processed in the time
periods as stated, the applicant has a right to request of the program director
full reimbursement of all filing fees paid in that particular application
process. If the program director does not agree the established periods have
been violated or finds good cause existed for exceeding the established periods,
the request will be denied. Good cause for exceeding the period established
is considered to exist if:
(A)
the number of applications to be processed exceeds by 15%
or more the number processed in the same calendar quarter of the preceding
year;
(B)
another public or private entity used in the application
process caused the delay; or
(C)
other conditions existed giving good cause for exceeding
the established periods.
(2)
If the request for full reimbursement is denied, the applicant
may appeal directly to the commissioner of DHS for resolution of the dispute.
The applicant must send a written statement to the commissioner that describes
the request for reimbursement and the reasons for it. The program also may
send a written statement to the commissioner that describes the program's
reasons for denying reimbursement. The commissioner makes a timely decision
concerning the appeal and notifies the applicant and the program in writing
of the decision.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on January 14, 2002.
TRD-200200145
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 438-3734
40 TAC §90.75
The section is proposed under the Health and Safety Code,
Chapter 252, which authorizes DHS to license and regulate intermediate care
facilities for persons with mental retardation or related conditions.
The section implements the Health and Safety Code, §§252.001
- 252.186.
§90.75.Plans, Approvals, and Construction Procedures.
At the option of the applicant, the Texas Department of Human Services
(DHS) will review plans for new buildings, additions, conversion of buildings
not licensed by DHS, or remodeling of existing licensed facilities. DHS will,
within 30 days, inform the applicant in writing of the results of the review.
If the plans comply with DHS's architectural requirements, DHS may not subsequently
change the architectural requirement applicable to the project unless the
change is required by federal law or the applicant fails to complete the project
within two years. DHS may grant a waiver of this two-year period for delays
due to unusual circumstances. There is no time limit to complete a project,
only a time limit for completing a project using requirements that have been
revised after the project was reviewed.
(1)
Submittal of plans.
(A)
For review of plans, submit one copy of working drawings
and specifications (contract documents) before construction begins. Documents
must be in sufficient detail to interpret compliance with these standards
and assure proper construction. Documents must be prepared according to accepted
architectural practice and must include general construction, special conditions,
and schedules.
(B)
Final copies of plans must have (in the reproduction process
by which plans are reproduced) a title block that shows name of facility,
person, or organization preparing the sheet, sheet numbers, facility address,
and drawing date. Sheets and sections covering structural, electrical, mechanical,
and sanitary engineering final plans, designs, and specifications must bear
the seal of a registered professional engineer approved by the State Board
of Registration for Professional Engineers to operate in Texas. Contract documents
for additions, remodeling, and construction of an entirely new facility must
be prepared by an architect licensed by the Texas State Board of Architectural
Examiners. Drawings must bear the seal of the architect.
(C)
A final plan for a major addition to a facility must include
a basic layout to scale of the entire building onto which the addition will
connect. North direction must be shown. The entire basic layout usually can
be to scale such as 1/16 inch per foot or 1/32 inch per foot for very large
buildings.
(D)
Plans and specifications for conversions or remodeling
must be complete for all parts and features involved.
(E)
The sponsor is responsible for employing qualified personnel
to prepare the contract documents for construction. If the contract documents
have errors or omissions to the extent that conformance with standards cannot
be reasonably assured or determined, a revised set of documents for review
may be requested.
(F)
The review of plans and specifications by DHS is based
on general utility, the minimum licensing standards, and conformance of the
Life Safety Code, and is not to be construed as all-inclusive approval of
the structural, electrical, or mechanical components, nor does it include
a review of building plans for compliance with the Texas Accessibility Standards
as administered and enforced by the Texas Department of Licensing and Regulation.
(G)
Fees for plan review will be required in accordance with §98.20
of this title (relating to Plan Review Fees).
(2)
Contract documents.
(A)
Site plan documents must include:
(i)
grade contours;
(ii)
streets (with names);
(iii)
north arrow;
(iv)
fire hydrants;
(v)
fire lanes;
(vi)
utilities, public or private;
(vii)
fences; and
(viii)
unusual site conditions, such as
(I)
ditches,
(II)
low water levels,
(III)
other buildings on-site, and
(IV)
indications of buildings five feet or less beyond site
property lines.
(B)
Foundation plan documents must include general foundation
design and details.
(C)
Floor plan documents must include:
(i)
room names, numbers, and usages;
(ii)
doors (numbered), including swing;
(iii)
windows;
(iv)
legend or clarification of wall types;
(v)
dimensions;
(vi)
fixed equipment;
(vii)
plumbing fixtures;
(viii)
kitchen basic layout; and
(ix)
identification of all smoke barrier walls (outside wall
to outside wall) or fire walls.
(D)
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.
(E)
Schedules must include:
(i)
door materials, widths, and types;
(ii)
window materials, sizes, and types;
(iii)
room finishes; and
(iv)
special hardware.
(F)
Elevations and roof plan must include:
(i)
exterior elevations, including
(I)
material note indications and
(II)
any rooftop equipment;
(ii)
roof slopes,
(iii)
drains,
(iv)
gas piping, etc., and
(v)
interior elevations where needed for special conditions.
(G)
Details must include:
(i)
wall sections as needed, especially for special conditions;
(ii)
cabinet and built-in work, basic design only;
(iii)
cross sections through buildings as needed; and
(iv)
miscellaneous details and enlargements as needed.
(H)
Building structure documents must include:
(i)
structural framing layout and details (primarily for column,
beam, joist, and structural building);
(ii)
roof framing layout (when it cannot be adequately shown
on cross section); and
(iii)
cross sections in quantity and detail to show sufficient
structural design and structural details as necessary to assure adequate structural
design and calculated design loads.
(I)
Electrical documents must include:
(i)
electrical layout, including lights, convenience outlets,
equipment outlets, switches, and other electrical outlets and devices;
(ii)
service, circuiting, distribution, and panel diagrams;
(iii)
exit light system (exit signs and emergency egress lighting);
(iv)
emergency electrical provisions (such as generators and
panels);
(v)
staff communication system;
(vi)
fire alarm and similar systems (such as control panel,
devices, and alarms); and
(vii)
sizes and details sufficient to assure safe and properly
operating systems.
(J)
Plumbing documents must include;
(i)
plumbing layout with pipe sizes and details sufficient
to assure safe and properly operating systems;
(ii)
water systems;
(iii)
sanitary systems;
(iv)
gas systems; and
(v)
other systems normally considered under the scope of plumbing,
fixtures, and provisions for combustion air supply.
(K)
Heating, ventilating, and air-conditioning systems (HVAC)
documents must include:
(i)
sufficient details of HVAC systems and components to assure
a safe and properly operating installation. including, but not limited to,
heating, ventilating, and air-conditioning layout, ducts, protection of duct
inlets and outlets, combustion air, piping, exhausts, and duct smoke and/or
fire dampers;
(ii)
and equipment types, sizes, and locations.
(L)
Sprinkler system documents must include:
(i)
plans and details of National Fire Protection Association
(NFPA) designed systems;
(ii)
plans and details of partial systems provided only for
hazardous areas; and
(iii)
electrical devices interconnected to the alarm system.
(M)
Specifications must include:
(i)
installation techniques;
(ii)
quality standards and/or manufacturers;
(iii)
references to specific codes and standards;
(iv)
design criteria;
(v)
special equipment;
(vi)
hardware;
(vii)
finishes; and
(viii)
any others as needed to amplify drawings and notes.
(N)
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 local health
or wastewater authority having jurisdiction.
(3)
Construction phase.
(A)
DHS must be notified in writing before construction starts.
(B)
All construction not done in accordance with the completed
plans and specifications as submitted for review and as modified in accordance
with review requirements will require additional drawings if the change is
significant.
(4)
Initial survey of completed construction.
(A)
Upon completion of construction, including grounds and
basic equipment and furnishings, a final construction inspection (initial
survey) of the facility must be performed by DHS before admitting residents.
An initial architectural inspection will be scheduled after DHS receives a
notarized licensure application, required fee, fire marshal approval, and
a letter from an architect or engineer stating that to the best of their knowledge
the facility meets the architectural requirements for licensure.
(B)
After the completed construction has been surveyed by DHS
and found acceptable, this information will be forwarded to the DHS Facility
Enrollment 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,
including basic furnishings and operational needs, grades, drives, and parking,
must essentially be 100% complete at the time of this initial visit for occupancy
approval and licensing. A facility may accept up to three residents between
the time it receives initial approval from DHS and the time the license is
issued.
(C)
The following documents must be available to DHS's architectural
inspecting surveyor at the time of the survey of the completed building:
(i)
written approval of local authorities as required in subparagraph
(A) of this paragraph;
(ii)
written certification of the fire alarm system by the
installing agency (the Texas State Fire Marshal's Fire Alarm Installation
Certificate);
(iii)
documentation of 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), rated ceilings, etc., and, in the case of carpeting, a
signed letter from the installer verifying that the carpeting installed is
named in the laboratory test document;
(iv)
approval of the completed sprinkler system installation
by the Texas Department of Insurance or designing engineer. A copy of the
material list and test certification must be available;
(v)
service contracts for maintenance and testing of alarm
systems, sprinkler systems, etc.;
(vi)
a copy of gas test results of the facility's gas lines
from the meter;
(vii)
a written statement from an architect/engineer stating,
to the best of his knowledge, the building was constructed in substantial
compliance with the construction documents, the Life Safety Code, DHS licensure
standards, and local codes; and
(viii)
any other such documentation as needed.
(5)
Nonapproval of new construction.
(A)
If, during the initial on-site survey of completed construction,
the surveyor finds certain basic requirements not met, DHS may recommend the
facility not be licensed and approved for occupancy. Such items may include
the following:
(i)
substantial changes made during construction that were
not submitted to DHS for review and that may require revised "as-built" drawings
to cover the changes. This may include architectural, structural, mechanical,
and electrical items as specified in paragraph (3)(B) of this section;
(ii)
construction that does not meet minimum code or licensure
standards, such as corridors that are less than required width, ceilings installed
at less than the minimum seven-foot six-inch height, resident bedroom dimensions
less than required, and other such features that would disrupt or otherwise
adversely affect the residents and staff if corrected after occupancy;
(iii)
no written approval by local authorities;
(iv)
fire protection systems, including, but not limited to,
fire alarm systems, emergency power and lighting, and sprinkler systems, not
completely installed or not functioning properly;
(v)
required exits not all usable according to National Fire
Protection Association (NFPA) 101 requirements;
(vi)
telephone not installed or not properly working;
(vii)
sufficient basic furnishings, essential appliances, and
equipment not installed or not functioning; and
(viii)
any other basic operational or safety feature that would
preclude safe and normal occupancy by residents on that day.
(B)
If the surveyor encounters only minor deficiencies, licensure
may be recommended based on an approved written plan of correction from the
facility's administrator.
(C)
Copies of reduced-size floor plans on an 8 1/2-inch by
11-inch sheet must be submitted in duplicate to DHS for record/file use and
for the 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.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State, on January 14, 2002.
TRD-200200146
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 438-3734
The Texas Department of Human Services (DHS) proposes new §98.22,
concerning plan review fees, and new §98.44, concerning plans, approvals,
and construction procedures, in its Adult Day Care and Day Activity and Health
Services Requirements chapter. The purpose of the new sections is to incorporate
changes made in Senate Bill 38 by the 77th Legislature that will allow DHS
to conduct architectural plan reviews in adult day care facilities.
James R. Hine, Commissioner, has determined that for the first five-year
period the sections are in effect, there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
The rule adds a fee for an optional service to be provided by DHS, but the
fee is set in an amount intended to offset the cost to DHS of providing the
service.
Mr. Hine also has determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
adoption of the proposed sections will be detection and correction of possible
architecture violations in plans, which providers voluntarily submit for review
and approval before the initial on-site architectural inspection. There is
no adverse economic effect on small or micro businesses. While businesses
will be required to pay a fee to obtain the plan review, architectural problems
can be identified and corrected before construction or remodeling begins,
which could save money for facility operators. Businesses that choose not
to request a plan review will not have to pay the fee. There is no anticipated
economic cost to persons who are required to comply with the proposed section.
There also is no anticipated effect on local employment in geographic areas
affected by the section.
Questions about the content of this proposal may be directed to Jeanoyce
Wilson at (512) 438-2353 in DHS's Long Term Care Policy section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-018,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
Subchapter B. APPLICATION PROCEDURES
40 TAC §98.22
The section is proposed under the Human Resources Code, Chapter
103, which authorizes DHS to license and regulate adult day care facilities.
The section implements the Human Resources Code, §§103.001-103.011.
§98.22.Plan Review Fees.
(a)
The Texas Department of Human Services (DHS) charges a
fee to review plans for new buildings, additions, conversion of buildings
not licensed by DHS, or remodeling of existing licensed facilities.
(b)
The fee schedule follows:
(1)
New facility--$12 per client (minimum $500 and maximum
$1,000);
(2)
Additions or remodeling of existing licensed facilities--2%
of construction cost (minimum $250 and maximum $750).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on January 14, 2002.
TRD-200200147
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 438-3734
40 TAC §98.44
The section is proposed under the Human Resources Code, Chapter
103, which authorizes DHS to license and regulate adult day care facilities.
The section implements the Human Resources Code, §103.001-103.011.
§98.44.Plans, Approvals, and Construction Procedures.
At the option of the applicant, the Texas Department of Human Services
(DHS) will review plans for new buildings, additions, conversion of buildings
not licensed by DHS, or remodeling of existing licensed facilities. DHS will,
within 30 days, inform the applicant in writing of the results of the review.
If the plans comply with DHS's architectural requirements, DHS may not subsequently
change the architectural requirement applicable to the project unless the
change is required by federal law or the applicant fails to complete the project
within two years. DHS may grant a waiver of this two-year period for delays
due to unusual circumstances. There is no time limit to complete a project,
only a time limit for completing a project using requirements that have been
revised after the project was reviewed.
(1)
Submittal of plans.
(A)
For review of plans, submit one copy of working drawings
and specifications (contract documents) before construction begins. Documents
must be in sufficient detail to interpret compliance with these standards
and assure proper construction. Documents must be prepared according to accepted
architectural practice and must include general construction, special conditions,
and schedules.
(B)
Final copies of plans must have (in the reproduction process
by which plans are reproduced) a title block that shows name of facility,
person, or organization preparing the sheet, sheet numbers, facility address,
and drawing date. Sheets and sections covering structural, electrical, mechanical,
and sanitary engineering final plans, designs, and specifications must bear
the seal of a registered professional engineer approved by the State Board
of Registration for Professional Engineers to operate in Texas. Contract documents
for additions, remodeling, and construction of an entirely new facility must
be prepared by an architect licensed by the Texas State Board of Architectural
Examiners. Drawings must bear the seal of the architect.
(C)
A final plan for a major addition to a facility must include
a basic layout to scale of the entire building onto which the addition will
connect. North direction must be shown. The entire basic layout usually can
be to scale such as 1/16 inch per foot or 1/32 inch per foot for very large
buildings.
(D)
Plans and specifications for conversions or remodeling
must be complete for all parts and features involved.
(E)
The sponsor is responsible for employing qualified personnel
to prepare the contract documents for construction. If the contract documents
have errors or omissions to the extent that conformance with standards cannot
be reasonably assured or determined, a revised set of documents for review
may be requested.
(F)
The review of plans and specifications by DHS is based
on general utility, the minimum licensing standards, and conformance of the
Life Safety Code, and is not to be construed as all- inclusive approval of
the structural, electrical, or mechanical components, nor does it include
a review of building plans for compliance with the Texas Accessibility Standards
as administered and enforced by the Texas Department of Licensing and Regulation.
(G)
Fees for plan review will be required in accordance with §98.22
of this title (relating to Plan Review Fees).
(2)
Contract documents.
(A)
Site plan documents must include:
(i)
grade contours;
(ii)
streets (with names);
(iii)
north arrow;
(iv)
fire hydrants;
(v)
fire lanes;
(vi)
utilities, public or private;
(vii)
fences; and
(viii)
unusual site conditions, such as
(I)
ditches,
(II)
low water levels,
(III)
other buildings on-site, and
(IV)
indications of buildings five feet or less beyond site
property lines.
(B)
Foundation plan documents must include general foundation
design and details.
(C)
Floor plan documents must include:
(i)
room names, numbers, and usages;
(ii)
doors (numbered), including swing;
(iii)
windows;
(iv)
legend or clarification of wall types;
(v)
dimensions;
(vi)
fixed equipment;
(vii)
plumbing fixtures;
(viii)
kitchen basic layout; and
(ix)
identification of all smoke barrier walls (outside wall
to outside wall) or fire walls.
(D)
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.
(E)
Schedules must include:
(i)
door materials, widths, and types;
(ii)
window materials, sizes, and types;
(iii)
room finishes; and
(iv)
special hardware.
(F)
Elevations and roof plan must include:
(i)
exterior elevations, including
(I)
material note indications and
(II)
any rooftop equipment;
(ii)
roof slopes,
(iii)
drains,
(iv)
gas piping, etc., and
(v)
interior elevations where needed for special conditions.
(G)
Details must include:
(i)
wall sections as needed, especially for special conditions;
(ii)
cabinet and built-in work, basic design only;
(iii)
cross sections through buildings as needed; and
(iv)
miscellaneous details and enlargements as needed.
(H)
Building structure documents must include:
(i)
structural framing layout and details (primarily for column,
beam, joist, and structural building);
(ii)
roof framing layout (when it cannot be adequately shown
on cross section); and
(iii)
cross sections in quantity and detail to show sufficient
structural design and structural details as necessary to assure adequate structural
design and calculated design loads.
(I)
Electrical documents must include:
(i)
electrical layout, including lights, convenience outlets,
equipment outlets, switches, and other electrical outlets and devices;
(ii)
service, circuiting, distribution, and panel diagrams;
(iii)
exit light system (exit signs and emergency egress lighting);
(iv)
emergency electrical provisions (such as generators and
panels, if applicable);
(v)
staff communication system;
(vi)
fire alarm and similar systems (such as control panel,
devices, and alarms); and
(vii)
sizes and details sufficient to assure safe and properly
operating systems.
(J)
Plumbing documents must include:
(i)
plumbing layout with pipe sizes and details sufficient
to assure safe and properly operating systems;
(ii)
water systems;
(iii)
sanitary systems;
(iv)
gas systems; and
(v)
other systems normally considered under the scope of plumbing,
fixtures, and provisions for combustion air supply.
(K)
Heating, ventilating, and air-conditioning systems (HVAC)
documents must include:
(i)
sufficient details of HVAC systems and components to assure
a safe and properly operating installation, including, but not limited to,
heating, ventilating, and air-conditioning layout, ducts, protection of duct
inlets and outlets, combustion air, piping, exhausts, and duct smoke and/or
fire dampers; and
(ii)
equipment types, sizes, and locations.
(L)
If applicable, sprinkler system documents must include:
(i)
plans and details of National Fire Protection Association
(NFPA) designed systems;
(ii)
plans and details of partial systems provided only for
hazardous areas; and
(iii)
electrical devices interconnected to the alarm system.
(M)
Specifications must include:
(i)
installation techniques;
(ii)
quality standards and/or manufacturers;
(iii)
references to specific codes and standards;
(iv)
design criteria;
(v)
special equipment;
(vi)
hardware;
(vii)
finishes; and
(viii)
any others as needed to amplify drawings and notes.
(N)
Other layout, 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 local health
or wastewater authority having jurisdiction.
(3)
Construction phase.
(A)
DHS must be notified in writing before construction starts.
(B)
All construction not done in accordance with the completed
plans and specifications as submitted for review and as modified in accordance
with review requirements will require additional drawings if the change is
significant.
(4)
Initial survey of completed construction.
(A)
Upon completion of construction, including grounds and
basic equipment and furnishings, a final construction inspection (initial
survey) of the facility must be performed by DHS before admitting clients.
An initial architectural inspection will be scheduled after DHS receives a
notarized licensure application, required fee, fire marshal approval, and
a letter from an architect or engineer stating that to the best of their knowledge
the facility meets the architectural requirements for licensure.
(B)
After the completed construction has been surveyed by DHS
and found acceptable, this information will be forwarded to the DHS Facility
Enrollment 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,
including basic furnishings and operational needs, grades, drives, and parking,
must essentially be 100% complete at the time of this initial visit for occupancy
approval and licensing. A facility may accept up to three clients between
the time it receives initial approval from DHS and the time the license is
issued.
(C)
The following documents must be available to DHS's architectural
inspecting surveyor at the time of the survey of the completed building:
(i)
written approval of local authorities as required in subparagraph
(A) of this paragraph;
(ii)
written certification of the fire alarm system by the
installing agency (the Texas State Fire Marshal's Fire Alarm Installation
Certificate);
(iii)
documentation of 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), rated ceilings, etc., and, in the case of carpeting, a
signed letter from the installer verifying that the carpeting installed is
named in the laboratory test document;
(iv)
approval of the completed sprinkler system installation
by the Texas Department of Insurance or designing engineer. A copy of the
material list and test certification must be available;
(v)
service contracts for maintenance and testing of alarm
systems, sprinkler systems, etc.;
(vi)
a copy of gas test results of the facility's gas lines
from the meter;
(vii)
a written statement from an architect/engineer stating,
to the best of his knowledge, the building was constructed in substantial
compliance with the construction documents, the Life Safety Code, DHS licensure
standards, and local codes; and
(viii)
any other such documentation as needed.
(5)
Nonapproval of new construction.
(A)
If, during the initial on-site survey of completed construction,
the surveyor finds certain basic requirements not met, DHS may recommend the
facility not be licensed and approved for occupancy. Such items may include
the following:
(i)
substantial changes made during construction that were
not submitted to DHS for review and that may require revised "as-built" drawings
to cover the changes. This may include architectural, structural, mechanical,
and electrical items as specified in paragraph (3)(B) of this section;
(ii)
construction that does not meet minimum code or licensure
standards, such as corridors that are less than required width, ceilings installed
at less than the minimum seven-foot, six-inch height, resident bedroom dimensions
less than required, and other such features that would disrupt or otherwise
adversely affect the clients and staff if corrected after occupancy;
(iii)
no written approval by local authorities;
(iv)
fire protection systems, including, but not limited to,
fire alarm systems, emergency power and lighting, and sprinkler systems, not
completely installed or not functioning properly;
(v)
required exits not all usable according to National Fire
Protection Association (NFPA) 101 requirements;
(vi)
telephone not installed or not properly working;
(vii)
sufficient basic furnishings, essential appliances, and
equipment not installed or not functioning; and
(viii)
any other basic operational or safety feature that would
preclude safe and normal occupancy by clients on that day.
(B)
If the surveyor encounters only minor deficiencies, licensure
may be recommended based on an approved written plan of correction from the
facility's administrator.
(C)
Copies of reduced-size floor plans on an 8 1/2-inch by
11-inch sheet must be submitted in duplicate to DHS for record/file use and
for the 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.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State, on January 14, 2002.
TRD-200200148
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 438-3734
Chapter 116.
ADVISORY COMMITTEES/COUNCILS
40 TAC §116.4
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Rehabilitation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Rehabilitation Commission (TRC) proposes
to repeal Title 40, Chapter 116, §116.4, concerning the Medical Consultation
Advisory Committee. The repeal is being proposed because the Committee is
no longer necessary to operate the federal-state rehabilitation programs under
the Rehabilitation Act of 1973, as amended.
Charles E. Harrison, Jr., Deputy Commissioner for Financial Services, has
determined that for the first five-year period after the section has been
repealed, there will be no material fiscal implications for state or local
government.
Mr. Harrison also has determined that for each year of the first five years
after the section has been repealed the public benefit anticipated as a result
of repealing the section will be the agency's continued compliance with Chapter
111, Human Resources Code. There will be no material effect on small businesses.
There is no material anticipated economic cost to persons who no longer required
to comply with the section as repealed. In accordance with Government Code
section 2001.022, TRC has determined that the proposed repeal will not affect
a local economy.
Comments on the proposal may be submitted to Roger Darley, Assistant General
Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite
7300, Austin, Texas 78751.
The repeal is proposed under the Texas Human Resources Code,
Title 7, Chapter 111, §7111.018 and §7111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
No other statute, article, or code is affected by this proposal.
§116.4.Medical Consultation Advisory Committee.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on January 14, 2002.
TRD-200200149
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 424-4050
Chapter 183.
BOARD FOR EVALUATION OF INTERPRETERS AND INTERPRETER CERTIFICATION
Subchapter A. DEFINITIONS AND BOARD OPERATIONS
Subchapter D. FACILITY CONSTRUCTION
Chapter 79.
LEGAL SERVICES
Chapter 90.
INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION OR RELATED CONDITIONS
Subchapter D. GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION
Chapter 98.
ADULT DAY CARE AND DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
Subchapter C. FACILITY CONSTRUCTION PROCEDURES
Part 2.
TEXAS REHABILITATION COMMISSION
Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING