TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES

CHAPTER 19. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION

The Texas Health and Human Services Commission (HHSC) proposes amendments to §§19.101, 19.300, 19.303 - 19.305, 19.309, 19.318, 19.326, 19.330 - 19.335, 19.338, 19.341, 19.344, 19.345, 19.1701, and 19.2208, in Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification. HHSC proposes new §§19.301, 19.302, 19.350 - 19.363, in Chapter 19. HHSC proposes the repeal of §§19.301, 19.302, and 19.312, in Chapter 19.

HHSC also proposes that Subchapter D in Chapter 19 be divided into nine divisions, with §19.300 and §19.301 in new Division 1, General Provisions; §§19.302 - 19.311 and §§19.313 - 19.322 in new Division 2, Facilities Licensed Before September 11, 2003; §§19.323 - 19.326 in new Division 3, Provisions Applicable to All Facilities; §19.330 in new Division 4, Construction and Initial Survey; §§19.331 - 19.343 in new Division 5, Facilities Licensed On or After September 11, 2003 and Before April 2, 2018; §19.344 in new Division 6, Plan Review; §19.345 in new Division 7, Small House and Household Facilities; §19.350 in new Division 8, Building Rehabilitations; and §§19.351 - 19.363 in new Division 9, Facilities Licensed On or After April 2, 2018.

BACKGROUND AND PURPOSE

The purpose of the changes to Title 40, Chapter 19, is to implement the Centers for Medicare & Medicaid Services (CMS) adoption of the 2012 edition of the National Fire Protection Association (NFPA) 101 - Life Safety Code (LSC) and 2012 edition of the NFPA 99 - Health Care Facilities Code (HCFC). CMS' final rule eliminates all references to the previously adopted 2000 edition of the LSC and requires a nursing facility provider to comply with the 2012 NFPA 101 and 2012 NFPA 99.

The proposal replaces references to previous editions of NFPA 101 and NFPA 99, revises and reorganizes most rules in Chapter 19, Subchapter D (Facility Construction), and revises §19.1701 (Physical Environment) and §19.2208 (Standards for Certified Alzheimer's Facilities) to make the rule language consistent with the new federal language in the Code of Federal Regulations (CFR). The proposal places divisions in Subchapter D to further organize the subchapter. This reorganization creates four distinct categories of rules: rules applicable to all facilities; rules applicable to facilities licensed before September 11, 2003; rules applicable to facilities licensed on or after September 11, 2003 and before April 2, 2018; and rules applicable to facilities licensed on or after April 2, 2018.

References to the "Texas Department of Human Services" or "DHS" and references to the "Department of Aging and Disability Services" or "DADS" are replaced with references to the "Texas Health and Human Services Commission" or "HHSC" throughout the proposal. The term "patient" is replaced with the term "resident" throughout the proposal. The term "assure" is replaced with the term "ensure" throughout the proposal. The references to the "Life Safety Code" are replaced with references to "NFPA 101." The terms "life support systems" and "life support systems and equipment" are replaced with "systems or equipment whose failure is likely to cause major injury or death to a resident."

The proposal also makes editorial changes to improve clarity and readability.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §19.101 adds definitions of "HHSC," "Major injury," "NFPA," "NFPA 99," and "NFPA 101," and deletes the definitions of "HCFA," "Remodeling," and "Renovation."

The proposed amendment to §19.300(b) adds the requirements for children from §19.304(c), §19.305(12), and §19.309(3).

The proposed amendment to §19.300(c) adds the rule language from §19.302 in order to move general waiver information under general requirements.

The proposed amendment to §19.300(d)(1)-(4) clarifies which division requirements are applicable to which facilities based on when the facility is licensed.

The proposed amendment to §19.300(d)(5) adds the rule language from §19.345(a) to clarify the general requirements for small house and household facilities.

The proposed amendment to §19.300(e) clarifies that a facility must comply with the Tentative Interim Amendments (TIAs) issued by the NFPA.

The proposed amendment to §19.300(f) indicates that building rehabilitation on existing buildings shall be classified in accordance with NFPA 101 and shall comply with NFPA 101 and §19.350, relating to Building Rehabilitation.

The proposed amendment to §19.300(g) clarifies when buildings or portions of buildings may be occupied during construction, repair, alterations, or additions.

The proposed amendment §19.300(h) indicates that existing life safety features shall not be removed or reduced when the feature is a requirement for new construction and clarifies when life safety features and equipment not required by NFPA 101 must be maintained or may be completely removed if approval is granted by HHSC.

The proposed amendment to §19.300(i) indicates that facilities must perform a risk assessment in accordance with NFPA 99 and specifies the requirements for the risk assessment.

The proposed amendment to §19.300(j) adds the rule language from current §19.304(b) to better organize the subchapter.

Proposed new §19.301 adds definitions for words and terms that are used in Subchapter D. These definitions are in addition to words and terms listed in §19.101 of this chapter.

The proposed repeal of §19.301 is necessary to move the rule language to new §19.302. The current language in §19.301 is eliminated because it is unnecessary.

Proposed new §19.302(a) updates the references to the applicable life safety code and removes some unnecessary language. New §19.302(b) adds the provisions currently in §19.301(c), but updates the subsection to reflect the current applicable codes, standards, and guidelines.

The repeal of §19.302 is necessary to reorganize the subchapter. Rule language from §19.302 is moved to §19.300(c) in order to have general waiver information under general requirements.

The proposed amendment to §19.303 reflects the requirements in the 2012 editions of NFPA 99 and NFPA 101. Subsection (a) states the general requirements for emergency power systems applicable to existing facilities and the rehabilitation or modernization of an existing emergency power system. The current provisions of §19.303 are renumbered to subsections (b) and (c).

The proposed amendment to §19.304 updates the language in subsection (a) and relocates subsections (b) and (c) to §19.300(j) and §19.300(b) to better organize the subchapter.

The proposed amendment to §19.305 deletes passive voice and consolidates the requirements for pediatric residents under one section by relocating the requirements for pediatric resident room decorations and furnishings to §19.300(b)(4).

The proposed amendment to §19.309 relocates paragraphs (3) and (4), and adds paragraph (6). Paragraph (3), regarding environmental requirements for pediatric residents, is moved to proposed §19.300(b)(3) to consolidate pediatric requirements under one section. Paragraph (4), regarding cross-contamination of clean and soiled operations, is moved to §19.326(u) to consolidate the requirements for safety operations under one section. Paragraph (6) adds the requirement currently in §19.312(e).

The proposed repeal of §19.312, Means of Egress, is necessary to move and delete the requirements that are included in other sections of this subchapter. The requirement in subsection (a) is already addressed in §19.326(n). The requirements in subsections (b) and (d) are addressed in the rules requiring facilities to comply with NFPA 101. The requirement in subsection (c) to have a working flashlight at each nurses' station is relocated to §19.318(a)(6) to consolidate the requirements for nurses' stations in facilities licensed before September 11, 2003, under one section. Sections 19.334 and 19.354 contain nurses' station requirements for facilities licensed at other times. The requirement in subsection (e), regarding hold-open devices on exit doors, is relocated to §19.309(6) for facilities licensed before September 11, 2003. Sections 19.335(5)(B) and 19.355(5)(B) contain the requirement regarding hold-open devices on exit doors for facilities licensed at other times.

The proposed amendment to §19.318 adds subsection (a)(6) and revises subsections (s) and (u). Subsection (a)(6) adds the rule language from §19.312(c) to consolidate requirements for nurses and auxiliary stations under one section. Subsection (s) removes outdated references to the Texas Department of Health and Texas Natural Resource Conservation Commission rules regarding special waste from health-care facilities. Subsection (u) adds that the use and storage of oxygen must comply with all NFPA standards, including NFPA 99, and changes references of NFPA 50 to NFPA 55.

The proposed amendment to §19.326 updates subsections (f), (j), (u), and (v). Subsection (f) changes the length of the functional test on every required battery emergency lighting system from 1/2 an hour to 30 seconds. Subsection (j) adds that a facility's smoking policy must now also cover smoking areas and smoking safety and take into account non-smokers. Subsection (u) adds the requirement regarding cross-contamination in clean and soiled operations that is currently in §19.309(4). Subsection (v) adds a requirement that a facility's fire safety plan include an emergency phone call to the fire department.

The proposed amendment to §19.330 revises subsections (a)(1), (a)(2), (c)(1) and (c)(3). Subsection (a)(1) clarifies that HHSC must be notified in writing before construction of a new facility or building rehabilitation other than that classified as repair begins. Subsection (a)(2) removes the definition of "remodeling," as this term is no longer used in these rules. Subsection (c)(1) states that, when the licensed capacity of a facility is not altered, 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. Subsection (c)(3) adds the statement, " facility may accept up to three residents between the time it receives initial approval from HHSC and the time the license is issued." This sentence is relocated from §19.344(4)(B) to consolidate the requirements regarding new construction and building rehabilitation.

The proposed amendment to §19.331 revises subsection (a) and removes subsections (d)-(f). Subsection (a) clarifies that the section applies to a facility constructed or licensed on or after September 11, 2003, but before April 2, 2018. Subsection (a) also adds subsection (a)(1) and removes subsection (a)(2) because it is not necessary. Subsection (a)(1) clarifies that buildings constructed or receiving design approval or building permits before July 5, 2016, must comply with the Existing Health Care Occupancies chapter of NFPA 101. All other buildings covered by this section must comply with the New Health Care Occupancies chapter of NFPA 101. Subsection (d) is removed and moved to §19.350 to consolidate the requirements for building rehabilitation under one section. Subsections (e) and (f) are removed because they are not necessary.

The proposed amendment to §19.332 updates subsection (a), redesignates subsections (h) and (j), removes subsections (c) and (i), and adds subsection (k). Subsection (a) removes the language stating that site approval is normally required of the local building department and fire marshal having jurisdiction. This language is "reminder" language and is redundant because all construction, including site approval, must obey local ordinances. Subsection (h) removes the language limiting its application to auxiliary buildings with hazardous areas and storage buildings. All auxiliary buildings located within 20 feet of the main building must meet the applicable NFPA 101 requirements. Subsection (j)(4) removes the footage requirements for all-weather fire lanes. The requirement for an all-weather access lane to be no less than a properly constructed gravel lane is repealed. Subsections (c) and (i) are removed because the requirements regarding set-backs from the property line and open enclosed courts are outdated. The space requirements for windows, structures, and openings are covered in other areas of the subchapter. Subsection (k) adds the requirements for enclosed exterior spaces that are in a means of egress to a public way applicable to facilities licensed on or after September 1, 2003, and before April 2, 2018.

The proposed amendment to §19.333 revises subsection (d) and removes subsections (e), (f), and (h). Subsection (d) specifies the combustibility of exterior finishes. Subsection (e) is removed because NFPA 101 does not require existing interior finishes to comply with the requirements for new construction. Chapter 43 of NFPA 101 and the new §19.350 dictate the requirements for new interior finishes in any facility undergoing rehabilitation. Subsection (f) is removed because the requirement is not necessary for existing facilities. New facilities are governed by §19.353, which contains a similar requirement. Subsection (h) is removed because this provision is considered redundant. Federal rule and §19.1701 require handrails on both sides of corridors. ANSI A117.1 is superseded by the Americans with Disabilities Act and Texas Accessibility Standards, which are referenced elsewhere in the subchapter. In addition, §19.342 provides the detailed requirements for handrails in certain existing facilities.

The proposed amendment to §19.334(a)(5) permits operable window sections to be restricted to not more than six nor less than four inches for security or safety reasons.

The proposed amendments to §19.334(a)(14)-(16) and §19.334(b)(1)(A)-(B) add the requirements applicable to facilities licensed on or after September 1, 2003, and before April 2. 2018. Sections 19.305(a)(13)-(15) and 19.354(13)-(15) contain these requirements for facilities licensed at other times.

The proposed amendment to §19.334(c)(1) removes the requirement that a facility provide at least one whirlpool tub unit as one of the required bathing units.

The proposed amendment to §19.334(d) makes the requirement that a facility have a policy and procedure for the safe and sanitary disposal of special waste applicable to a facility licensed on or after September 1, 2003, and before April 2, 2018. Sections 19.318 and 19.354 contain this requirement for facilities licensed at other times.

The proposed amendment to §19.335 updates paragraph (3) and removes paragraphs (5) and (10). Paragraph (3) prevents this rule from being stricter than NFPA 101 regarding furniture and other items in ways of egress. Paragraph (5) is being moved to §19.350(d) to consolidate the requirements for building rehabilitation under §19.350. Paragraph (10) is being removed because NFPA 101 covers these requirements and a facility licensed on or after September 1, 2003, and before April 2, 2018, is required to comply with NFPA 101 by §19.331(a)(1).

The proposed amendment to §19.341(d)(1) updates the requirements for emergency electrical service. Subsection (d)(1)(A) clarifies that facilities constructed or receiving design approval or building permits before July 5, 2016, may comply with the emergency electrical system requirements for existing health care facilities in NFPA 99. All other facilities covered by this section must comply with the emergency electrical system requirements for new health care facilities in NFPA 99. The amendment to subsection (d)(1)(B) states that rehabilitation or modernization of an existing emergency power system must be based on the assessed risk category and according to the requirements of NFPA 99 for new health care facilities. The amendment to subsection (d)(1)(B)(i) clarifies which systems must be automatically connected to the alternate power source without a delay. The amendment to subsection (d)(1)(B)(i)(III) deletes unnecessary and redundant language. All equipment used in a nursing facility, irrespective of its general external use, must meet applicable standards. The amendment to subsections (d)(1)(B)(i) and (ii) move provisions regarding egress lighting and stored fuel capacity to more appropriate locations.

The proposed amendment to §19.344 limits the section's subject matter to plan review. The section title is changed from "Plan Approvals, and Construction Procedures" to "Plan Review." Paragraph (2) clarifies the types of documents HHSC needs to conduct a prompt and thorough plan review. Paragraph (3) removes provisions regarding the construction phase, since §19.330 covers construction procedures.

The proposed amendment to §19.345 changes cross-references from §§19.330-19.343 to Division 9, relating to Facilities Licensed On or After April 2, 2018. This change is necessary for the rearrangement of the rules and makes new small house or household facilities subject to the rules regarding facilities licensed on or after April 2, 2018. Section 19.345(g)(9) removes an unnecessary subsection. Nurse call system requirements for new facilities are in §19.361.

Proposed new §19.350 consolidates the requirements related to building rehabilitation in one section. This new section incorporates the requirements from §19.331(d). This section is consistent with the 2012 editions of NFPA 101 and 99.

Proposed new Division 9 in Subchapter D, §§19.351-19.363, consolidates the requirements for facilities licensed on or after April 2, 2018. All of the provisions in this division are similar to the provisions applicable to facilities licensed on or after September 1, 2003, and before April 2, 2018, but include the requirements of the 2012 editions of NFPA 101 and NFPA 99 for new facilities.

The proposed amendment to §19.1701 makes this section consistent with the amended requirements of Subchapter D and the requirements in the CFR. The section adds and removes language to bring the section current with the requirements in the 2012 editions of NFPA 101 and 99. Paragraph (4) limits the number of allowed residents in rooms depending on the date the facility receives approval of construction or reconstruction plans or when newly certified. Paragraph (5) requires a bathroom for each resident room in facilities approved for construction or newly certified on or after November 28, 2016. Paragraph (6) requires that a facility be equipped to allow residents to call for staff assistance through a communication system that relays the call directly to a staff member or to a centralized staff work area from each resident's room before November 28, 2019. Beginning November 28, 2019, communication from each resident's bedside and from toilet and bathing facilities must be established. Paragraph (8)(E) requires a facility to establish policies regarding smoking, smoking areas, and smoking safety that also take into account non-smoking residents. The new requirements in §19.1701 make the section consistent with 42 CFR §483.90.

The proposed amendment to §19.2208, makes this section consistent with NFPA 101 and NFPA 99.

FISCAL NOTE

David Cook, HHSC Deputy Chief Financial Officer, has determined that, for the first five years the proposed amendments, new sections, and repeals are in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

HHSC has determined that during the first five years the sections will be in effect:

(1) the proposed rules will not create or eliminate a government program;

(2) implementation of the proposed rules will not create or eliminate employee positions;

(3) implementation of the proposed rules will not require an increase or decrease in future legislative appropriations;

(4) the proposed rules will not increase or decrease fees paid to the agency;

(5) the proposed rules create a new rule;

(6) the proposed rules expand an existing rule;

(7) the proposed rules will not change the number of individuals subject to the rule's applicability; and

(8) the proposed rules do not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Mr. Cook has determined that the amendments, new sections, and repeals will not have an adverse economic effect on small businesses, micro-businesses, or rural communities, because the rules do not impose any economic requirements on small businesses, micro-businesses, or rural communities. They will be required to comply with the 2012 edition of the NFPA 101 and NFPA 99, which may be an increased cost for those that construct new facilities or facilities that undergo rehabilitation.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT

There are no anticipated economic costs to persons who are required to comply with the rules as proposed, as they will not be required to retrofit any approved existing system. However, those that construct new facilities or facilities that undergo rehabilitation may have increased costs, as they will be required to comply with the 2012 edition of the NFPA 101 and NFPA 99.

There is no anticipated negative impact on local employment.

COSTS TO REGULATED PERSONS

Texas Government Code, §2001.0045 does not apply to these rules because the rules are necessary to receive a source of federal funds or comply with federal law, and necessary to protect the health, safety, and welfare of the residents of Texas.

PUBLIC BENEFIT

Mary T. Henderson, HHSC Associate Commissioner for Regulatory Services, has determined that, for each year of the first five years the rules are in effect, the public will benefit from the adoption of the rules. The anticipated public benefit is that nursing facility residents will have safe and appropriate physical surroundings.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

PUBLIC COMMENT

Questions about the content of this proposal may be directed to Robert Ochoa at (512) 438-3334 in the Policy, Rules, Curriculum, and Training section. Written comments on the proposal may be submitted to the Rules Coordination Office, P. O. Box 149030, Mail Code H600, Austin, Texas 78714-9030; street address 4900 North Lamar Boulevard, Mail Code H600, Austin, Texas 78751; or e-mailed to HHSRulesCoordinationOffice@hhsc.state.tx.us.

To be considered, comments must be submitted no later than 30 days after the date of this issue of the Texas Register. The last day to submit comments falls on a Sunday; therefore, comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered to HHSC before 5:00 p.m. on HHSC last working day of the comment period; or (3) faxed or e-mailed by midnight on the last day of the comment period. When e-mailing comments, please indicate "Comments on Proposed Rule 40R058" in the subject line.

SUBCHAPTER B. DEFINITIONS

40 TAC §19.101

STATUTORY AUTHORITY

The amendment is proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The amendment implements Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.101.Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

(1) Abuse--Negligent or willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical or emotional harm or pain to a resident; or sexual abuse, including involuntary or nonconsensual sexual conduct that would constitute an offense under Penal Code §21.08 (indecent exposure) or Penal Code Chapter 22 (assaultive offenses), sexual harassment, sexual coercion, or sexual assault.

(2) Act--Chapter 242 of the Texas Health and Safety Code.

(3) Activities assessment--See Comprehensive Assessment and Comprehensive Care Plan.

(4) Activities director--The qualified individual appointed by the facility to direct the activities program as described in §19.702 of this chapter (relating to Activities).

(5) Addition--The addition of floor space to an institution.

(6) Administrator--Licensed nursing facility administrator.

(7) Admission MDS assessment--An MDS assessment that determines a recipient's initial determination of eligibility for medical necessity for admission into the Texas Medicaid Nursing Facility Program.

(8) Advanced practice registered nurse--A person licensed by the Texas Board of Nursing as an advanced practice registered nurse.

(9) Affiliate--With respect to a:

(A) partnership, each partner thereof;

(B) corporation, each officer, director, principal stockholder, and subsidiary; and each person with a disclosable interest;

(C) natural person, which includes each:

(i) person's spouse;

(ii) partnership and each partner thereof of which said person or any affiliate of said person is a partner; and

(iii) corporation in which said person is an officer, director, principal stockholder, or person with a disclosable interest.

(10) Agent--An adult to whom authority to make health care decisions is delegated under a durable power of attorney for health care.

(11) Alzheimer's disease and related disorders--Alzheimer's disease and any other irreversible dementia described by the Centers for Disease Control and Prevention or the most current edition of the Diagnostic and Statistical Manual of Mental Disorders.

(12) Applicant--A person or governmental unit, as those terms are defined in the Texas Health and Safety Code, Chapter 242, applying for a license under that chapter.

(13) APA--The Administrative Procedure Act, Texas Government Code, Chapter 2001.

(14) Attending physician--A physician, currently licensed by the Texas Medical Board, who is designated by the resident or responsible party as having primary responsibility for the treatment and care of the resident.

(15) Authorized electronic monitoring--The placement of an electronic monitoring device in a resident's room and using the device to make tapes or recordings after making a request to the facility to allow electronic monitoring.

(16) Barrier precautions--Precautions including the use of gloves, masks, gowns, resuscitation equipment, eye protectors, aprons, face shields, and protective clothing for purposes of infection control.

(17) Care and treatment--Services required to maximize resident independence, personal choice, participation, health, self-care, psychosocial functioning and reasonable safety, all consistent with the preferences of the resident.

(18) Certification--The determination by HHSC [DADS] that a nursing facility meets all the requirements of the Medicaid or Medicare programs.

(19) Change of ownership--An event that results in a change to the federal taxpayer identification number of the license holder of a facility. The substitution of a personal representative for a deceased license holder is not a change of ownership.

(20) CFR--Code of Federal Regulations.

(21) CMS--Centers for Medicare & Medicaid Services[, formerly the Health Care Financing Administration (HCFA)].

(22) Complaint--Any allegation received by HHSC [DADS] other than an incident reported by the facility. Such allegations include, but are not limited to, abuse, neglect, exploitation, or violation of state or federal standards.

(23) Completion date--The date an RN assessment coordinator signs an MDS assessment as complete.

(24) Comprehensive assessment--An interdisciplinary description of a resident's needs and capabilities including daily life functions and significant impairments of functional capacity, as described in §19.801(2) of this chapter (relating to Resident Assessment).

(25) Comprehensive care plan--A plan of care prepared by an interdisciplinary team that includes measurable short-term and long-term objectives and timetables to meet the resident's needs developed for each resident after admission. The plan addresses at least the following needs: medical, nursing, rehabilitative, psychosocial, dietary, activity, and resident's rights. The plan includes strategies developed by the team, as described in §19.802(b)(2) of this chapter (relating to Comprehensive Care Plans), consistent with the physician's prescribed plan of care, to assist the resident in eliminating, managing, or alleviating health or psychosocial problems identified through assessment. Planning includes:

(A) goal setting;

(B) establishing priorities for management of care;

(C) making decisions about specific measures to be used to resolve the resident's problems; and

(D) assisting in the development of appropriate coping mechanisms.

(26) Controlled substance--A drug, substance, or immediate precursor as defined in the Texas Controlled Substance Act, Texas Health and Safety Code, Chapter 481, or the Federal Controlled Substance Act of 1970, Public Law 91-513.

(27) Controlling person--A person with the ability, acting alone or in concert with others, to directly or indirectly, influence, direct, or cause the direction of the management, expenditure of money, or policies of a nursing facility or other person. A controlling person does not include a person, such as an employee, lender, secured creditor, or landlord, who does not exercise any influence or control, whether formal or actual, over the operation of a facility. A controlling person includes:

(A) a management company, landlord, or other business entity that operates or contracts with others for the operation of a nursing facility;

(B) any person who is a controlling person of a management company or other business entity that operates a nursing facility or that contracts with another person for the operation of a nursing facility;

(C) an officer or director of a publicly traded corporation that is, or that controls, a facility, management company, or other business entity described in subparagraph (A) of this paragraph but does not include a shareholder or lender of the publicly traded corporation; and

(D) any other individual who, because of a personal, familial, or other relationship with the owner, manager, landlord, tenant, or provider of a nursing facility, is in a position of actual control or authority with respect to the nursing facility, without regard to whether the individual is formally named as an owner, manager, director, officer, provider, consultant, contractor, or employee of the facility.

(28) Covert electronic monitoring--The placement and use of an electronic monitoring device that is not open and obvious, and the facility and HHSC [DADS] have not been informed about the device by the resident, by a person who placed the device in the room, or by a person who uses the device.

(29) DADS--The term referred to the Department of Aging and Disability Services; it now refers to HHSC [or the Health and Human Services Commission, as its successor agency].

(30) Dangerous drugs--Any drug as defined in the Texas Health and Safety Code, Chapter 483.

(31) Dentist--A practitioner licensed by the Texas State Board of Dental Examiners.

(32) Department--The [Department of Aging and Disability Services or the] Health and Human Services Commission[, as its successor agency].

(33) DHS--This term referred to the Texas Department of Human Services; it now refers to HHSC [DADS], unless the context concerns an administrative hearing. Administrative hearings were formerly the responsibility of DHS; they now are the responsibility of the [Texas Health and Human Services Commission (]HHSC[)].

(34) Dietitian--A qualified dietitian is one who is qualified based upon either:

(A) registration by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics; or

(B) licensure, or provisional licensure, by the Texas State Board of Examiners of Dietitians. These individuals must have one year of supervisory experience in dietetic service of a health care facility.

(35) Direct care by licensed nurses--Direct care consonant with the physician's planned regimen of total resident care includes:

(A) assessment of the resident's health care status;

(B) planning for the resident's care;

(C) assignment of duties to achieve the resident's care;

(D) nursing intervention; and

(E) evaluation and change of approaches as necessary.

(36) Direct ownership interest--Ownership of equity in the capital, stock, or profits of, or a membership interest in, an applicant or license holder.

(37) Disclosable interest--Five percent or more direct or indirect ownership interest in an applicant or license holder.

(38) Distinct part--That portion of a facility certified to participate in the Medicaid Nursing Facility program.

(39) Drug (also referred to as medication)--Any of the following:

(A) any substance recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;

(B) any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man;

(C) any substance (other than food) intended to affect the structure or any function of the body of man; and

(D) any substance intended for use as a component of any substance specified in subparagraphs (A) - (C) of this paragraph. It does not include devices or their components, parts, or accessories.

(40) Electronic monitoring device--Video surveillance cameras and audio devices installed in a resident's room, designed to acquire communications or other sounds that occur in the room. An electronic, mechanical, or other device used specifically for the nonconsensual interception of wire or electronic communication is excluded from this definition.

(41) Emergency--A sudden change in a resident's condition requiring immediate medical intervention.

(42) Executive Commissioner--The executive commissioner of the Health and Human Services Commission.

(43) Exploitation--The illegal or improper act or process of a caregiver, family member, or other individual who has an ongoing relationship with a resident using the resources of the resident for monetary or personal benefit, profit, or gain without the informed consent of the resident.

(44) Exposure (infections)--The direct contact of blood or other potentially infectious materials of one person with the skin or mucous membranes of another person. Other potentially infectious materials include the following human body fluids: semen, vaginal secretions, cerebrospinal fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, and body fluid that is visibly contaminated with blood and all body fluids when it is difficult or impossible to differentiate between body fluids.

(45) Facility--Unless otherwise indicated, a facility is an institution that provides organized and structured nursing care and service and is subject to licensure under Texas Health and Safety Code, Chapter 242.

(A) For Medicaid, a facility is a nursing facility which meets the requirements of §1919(a) - (d) of the Social Security Act. A facility may not include any institution that is for the care and treatment of mental diseases except for services furnished to individuals age 65 and over and who are eligible as defined in Chapter 17 of this title (relating to Preadmission Screening and Resident Review (PASRR)).

(B) For Medicare and Medicaid purposes (including eligibility, coverage, certification, and payment), the "facility" is always the entity which participates in the program, whether that entity is comprised of all of, or a distinct part of, a larger institution.

(C) "Facility" is also referred to as a nursing home or nursing facility. Depending on context, these terms are used to represent the management, administrator, or other persons or groups involved in the provision of care of the resident; or to represent the physical building, which may consist of one or more floors or one or more units, or which may be a distinct part of a licensed hospital.

(46) Family council--A group of family members, friends, or legal guardians of residents, who organize and meet privately or openly.

(47) Family representative--An individual appointed by the resident to represent the resident and other family members, by formal or informal arrangement.

(48) Fiduciary agent--An individual who holds in trust another's monies.

(49) Free choice--Unrestricted right to choose a qualified provider of services.

(50) Goals--Long-term: general statements of desired outcomes. Short-term: measurable time-limited, expected results that provide the means to evaluate the resident's progress toward achieving long-term goals.

(51) Governmental unit--A state or a political subdivision of the state, including a county or municipality.

[(52) HCFA--Health Care Financing Administration, now the Centers for Medicare & Medicaid Services (CMS).]

(52) [(53)] Health care provider--An individual, including a physician, or facility licensed, certified, or otherwise authorized to administer health care, in the ordinary course of business or professional practice.

(53) [(54)] Hearing--A contested case hearing held in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001, and the formal hearing procedures in 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act) and Chapter 91 of this title (relating to Hearings Under the Administrative Procedure Act).

(54) HHSC--The Texas Health and Human Services Commission.

(55) HIV--Human Immunodeficiency Virus.

(56) Incident--An abnormal event, including accidents or injury to staff or residents, which is documented in facility reports. An occurrence in which a resident may have been subject to abuse, neglect, or exploitation must also be reported to HHSC [DADS].

(57) Indirect ownership interest--Any ownership or membership interest in a person that has a direct ownership interest in an applicant or license holder.

(58) Infection control--A program designed to prevent the transmission of disease and infection in order to provide a safe and sanitary environment.

(59) Inspection--Any on-site visit to or survey of an institution by HHSC [DADS] for the purpose of licensing, monitoring, complaint investigation, architectural review, or similar purpose.

(60) Interdisciplinary care plan--See the definition of "comprehensive care plan."

(61) Involuntary seclusion--Separation of a resident from others or from the resident's room or confinement to the resident's room, against the resident's will or the will of a person who is legally authorized to act on behalf of the resident. Monitored separation from other residents is not involuntary seclusion if the separation is a therapeutic intervention that uses the least restrictive approach for the minimum amount of time, not exceed to 24 hours, until professional staff can develop a plan of care to meet the resident's needs.

(62) IV--Intravenous.

(63) Legend drug or prescription drug--Any drug that requires a written or telephonic order of a practitioner before it may be dispensed by a pharmacist, or that may be delivered to a particular resident by a practitioner in the course of the practitioner's practice.

(64) License holder--A person that holds a license to operate a facility.

(65) Licensed health professional--A physician; physician assistant; advanced practice registered nurse; physical, speech, or occupational therapist; pharmacist; physical or occupational therapy assistant; registered professional nurse; licensed vocational nurse; licensed dietitian; or licensed social worker.

(66) Licensed nursing home (facility) administrator--A person currently licensed by HHSC [DADS] in accordance with Chapter 18 of this title (relating to Nursing Facility Administrators).

(67) Licensed vocational nurse (LVN)--A nurse who is currently licensed by the Texas Board of Nursing as a licensed vocational nurse.

(68) Life Safety Code [(also referred to as the Code or NFPA 101)]--NFPA 101. [The Code for Safety to Life from Fire in Buildings and Structures, Standard 101, of the National Fire Protection Association (NFPA).]

(69) Life safety features--Fire safety components required by NFPA 101 [the Life Safety Code], including[, but not limited to,] building construction, fire alarm systems, smoke detection systems, interior finishes, sizes and thicknesses of doors, exits, emergency electrical systems, and sprinkler systems.

(70) Life support--Use of any technique, therapy, or device to assist in sustaining life. (See §19.419 of this chapter (relating to Advance Directives)).

(71) Local authorities--Persons, including, but not limited to, local health authority, fire marshal, and building inspector, who may be authorized by state law, county order, or municipal ordinance to perform certain inspections or certifications.

(72) Local health authority--The physician appointed by the governing body of a municipality or the commissioner's court of the county to administer state and local laws relating to public health in the municipality's or county's jurisdiction as defined in Texas Health and Safety Code, §121.021.

(73) Long-term care-regulatory--HHSC [DADS ] Regulatory Services Division, which is responsible for surveying nursing facilities to determine compliance with regulations for licensure and certification for Title XIX participation.

(74) Major injury--An injury that qualifies as a major injury under NFPA 99.

(75) [(74)] Manager--A person, other than a licensed nursing home administrator, having a contractual relationship to provide management services to a facility.

(76) [(75)] Management services--Services provided under contract between the owner of a facility and a person to provide for the operation of a facility, including administration, staffing, maintenance, or delivery of resident services. Management services do not include contracts solely for maintenance, laundry, or food service.

(77) [ (76)] MDS--Minimum data set. See Resident Assessment Instrument (RAI).

(78) [(77)] MDS nurse reviewer--A registered nurse employed by HHSC to monitor the accuracy of the MDS assessment submitted by a Medicaid-certified nursing facility.

(79) [(78)] Medicaid applicant--A person who requests the determination of eligibility to become a Medicaid recipient.

(80) [ (79)] Medicaid nursing facility vendor payment system--Electronic billing and payment system for reimbursement to nursing facilities for services provided to eligible Medicaid recipients.

(81) [(80)] Medicaid recipient--A person who meets the eligibility requirements of the Title XIX Medicaid program, is eligible for nursing facility services, and resides in a Medicaid-participating facility.

(82) [(81)] Medical director--A physician licensed by the Texas Medical Board, who is engaged by the nursing home to assist in and advise regarding the provision of nursing and health care.

(83) [ (82)] Medical power of attorney--The legal document that designates an agent to make treatment decisions if the individual designator becomes incapable.

(84) [ (83)] Medical-social care plan--See Interdisciplinary Care Plan.

(85) [(84)] Medically related condition--An organic, debilitating disease or health disorder that requires services provided in a nursing facility, under the supervision of licensed nurses.

(86) [(85)] Medication aide--A person who holds a current permit issued under the Medication Aide Training Program as described in Chapter 95 of this title (relating to Medication Aides--Program Requirements) and acts under the authority of a person who holds a current license under state law which authorizes the licensee to administer medication.

(87) [ (86)] Misappropriation of funds--The taking, secretion, misapplication, deprivation, transfer, or attempted transfer to any person not entitled to receive any property, real or personal, or anything of value belonging to or under the legal control of a resident without the effective consent of the resident or other appropriate legal authority, or the taking of any action contrary to any duty imposed by federal or state law prescribing conduct relating to the custody or disposition of property of a resident.

(88) [ (87)] MN--Medical necessity. A determination, made by physicians and registered nurses who are employed by or contract with the state Medicaid claims administrator, that a recipient requires the services of a licensed nurse in an institutional setting to carry out a physician's planned regimen for total care. A recipient's need for custodial care in a 24-hour institutional setting does not constitute medical necessity.

(89) [ (88)] Neglect--The failure to provide goods or services, including medical services that are necessary to avoid physical or emotional harm, pain, or mental illness.

(90) NFPA--National Fire Protection Association.

(91) NFPA 99--NFPA 99, Health Care Facilities Code, 2012 Edition.

(92) NFPA 101--NFPA 101, Life Safety Code, 2012 Edition.

(93) [(89)] NHIC--This term referred to the National Heritage Insurance Corporation. It now refers to the state Medicaid claims administrator.

(94) [(90)] Nonnursing personnel--Persons not assigned to give direct personal care to residents; including administrators, secretaries, activities directors, bookkeepers, cooks, janitors, maids, laundry workers, and yard maintenance workers.

(95) [(91)] Nurse aide--An individual who provides nursing or nursing-related services to residents in a facility under the supervision of a licensed nurse. This definition does not include an individual who is a licensed health professional, a registered dietitian, or someone who volunteers such services without pay. A nurse aide is not authorized to provide nursing or nursing-related services for which a license or registration is required under state law. Nurse aides do not include those individuals who furnish services to residents only as paid feeding assistants.

(96) [(92)] Nurse aide trainee--An individual who is attending a program teaching nurse aide skills.

(97) [(93)] Nurse practitioner--An advanced practice registered nurse.

(98) [(94)] Nursing assessment--See definition of "comprehensive assessment" and "comprehensive care plan."

(99) [(95)] Nursing care--Services provided by nursing personnel which include, but are not limited to, observation; promotion and maintenance of health; prevention of illness and disability; management of health care during acute and chronic phases of illness; guidance and counseling of individuals and families; and referral to physicians, other health care providers, and community resources when appropriate.

(100) [(96)] Nursing facility/home--An institution that provides organized and structured nursing care and service, and is subject to licensure under Texas Health and Safety Code, Chapter 242. The nursing facility may also be certified to participate in the Medicaid Title XIX program. Depending on context, these terms are used to represent the management, administrator, or other persons or groups involved in the provision of care to the residents; or to represent the physical building, which may consist of one or more floors or one or more units, or which may be a distinct part of a licensed hospital.

(101) [(97)] Nursing facility/home administrator--See the definition of "licensed nursing home (facility) administrator."

(102) [(98)] Nursing personnel--Persons assigned to give direct personal and nursing services to residents, including registered nurses, licensed vocational nurses, nurse aides, and medication aides. Unlicensed personnel function under the authority of licensed personnel.

(103) [(99)] Objectives--See definition of "goals."

(104) [(100)] OBRA--Omnibus Budget Reconciliation Act of 1987, which includes provisions relating to nursing home reform, as amended.

(105) [(101)] Ombudsman--An advocate who is a certified representative, staff member, or volunteer of the HHSC [DADS] Office of the State Long Term Care Ombudsman.

(106) [(102)] Optometrist--An individual with the profession of examining the eyes for defects of refraction and prescribing lenses for correction who is licensed by the Texas Optometry Board.

(107) [(103)] Paid feeding assistant--An individual who meets the requirements of §19.1113 of this chapter (relating to Paid Feeding Assistants) and who is paid to feed residents by a facility or who is used under an arrangement with another agency or organization.

(108) [(104)] PASARR or PASRR--Preadmission Screening and Resident Review.

(109) [(105)] Palliative Plan of Care--Appropriate medical and nursing care for residents with advanced and progressive diseases for whom the focus of care is controlling pain and symptoms while maintaining optimum quality of life.

(110) [(106)] Patient care-related electrical appliance--An electrical appliance that is intended to be used for diagnostic, therapeutic, or monitoring purposes in a patient care area, as defined in Standard 99 of the National Fire Protection Association.

(111) [(107)] Person--An individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, or any other legal entity, including a legal successor of those entities.

(112) [(108)] Pharmacist--An individual, licensed by the Texas State Board of Pharmacy to practice pharmacy, who prepares and dispenses medications prescribed by a practitioner.

(113) [(109)] Physical restraint--See Restraints (physical).

(114) [(110)] Physician--A doctor of medicine or osteopathy currently licensed by the Texas Medical Board.

(115) [(111)] Physician assistant (PA)--

(A) A graduate of a physician assistant training program who is accredited by the Committee on Allied Health Education and Accreditation of the Council on Medical Education of the American Medical Association;

(B) A person who has passed the examination given by the National Commission on Certification of Physician Assistants. According to federal requirements (42 CFR §491.2) a physician assistant is a person who meets the applicable state requirements governing the qualifications for assistant to primary care physicians, and who meets at least one of the following conditions:

(i) is currently certified by the National Commission on Certification of Physician Assistants to assist primary care physicians; or

(ii) has satisfactorily completed a program for preparing physician assistants that:

(I) was at least one academic year in length;

(II) consisted of supervised clinical practice and at least four months (in the aggregate) of classroom instruction directed toward preparing students to deliver health care; and

(III) was accredited by the American Medical Association's Committee on Allied Health Education and Accreditation; or

(C) A person who has satisfactorily completed a formal educational program for preparing physician assistants who does not meet the requirements of paragraph (d)(2), 42 CFR §491.2, and has been assisting primary care physicians for a total of 12 months during the 18-month period immediately preceding July 14, 1978.

(116) [(112)] Podiatrist--A practitioner whose profession encompasses the care and treatment of feet who is licensed by the Texas State Board of Podiatric Medical Examiners.

(117) [(113)] Poison--Any substance that federal or state regulations require the manufacturer to label as a poison and is to be used externally by the consumer from the original manufacturer's container. Drugs to be taken internally that contain the manufacturer's poison label, but are dispensed by a pharmacist only by or on the prescription order of a practitioner, are not considered a poison, unless regulations specifically require poison labeling by the pharmacist.

(118) [(114)] Practitioner--A physician, podiatrist, dentist, or an advanced practice registered nurse or physician assistant to whom a physician has delegated authority to sign a prescription order, when relating to pharmacy services.

(119) [(115)] PRN (pro re nata)--As needed.

(120) [(116)] Provider--The individual or legal business entity that is contractually responsible for providing Medicaid services under an agreement with HHSC [DADS].

(121) [(117)] Psychoactive drugs--Drugs prescribed to control mood, mental status, or behavior.

(122) [(118)] Qualified mental health professional - community services--Has the meaning given in 25 TAC §412.303 (relating to Definitions).

(123) [(119)] Qualified surveyor--An employee of HHSC [DADS] who has completed state and federal training on the survey process and passed a federal standardized exam.

(124) [(120)] Quality assessment and assurance committee--A group of health care professionals in a facility who develop and implement appropriate action to identify and rectify substandard care and deficient facility practice.

(125) [(121)] Quality-of-care monitor--A registered nurse, pharmacist, or dietitian employed by HHSC [DADS] who is trained and experienced in long-term care facility regulation, standards of practice in long-term care, and evaluation of resident care, and functions independently of HHSC [DADS] Regulatory Services Division.

(126) [(122)] Quality measure report--A report that provides information derived from an MDS that provides a numeric value to quality indicators. This data is available to the public as part of the Nursing Home Quality Initiative (NHQI), and is intended to provide objective measures for consumers to make informed decisions about the quality of care in a nursing facility.

(127) [(123)] Recipient--Any individual residing in a Medicaid certified facility or a Medicaid certified distinct part of a facility whose daily vendor rate is paid by Medicaid.

(128) [(124)] Rehabilitative services--Rehabilitative therapies and devices provided to help a person regain, maintain, or prevent deterioration of a skill or function that has been acquired but then lost or impaired due to illness, injury, or disabling condition. The term includes physical and occupational therapy, speech-language pathology, and psychiatric rehabilitation services.

(129) [(125)] Reimbursement methodology--The method by which HHSC determines nursing facility per diem rates.

[(126) Remodeling--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, but not limited to, sprinkler, fire alarm, and emergency systems) or the conversion of space in a facility to a different use.]

[(127) Renovation--The restoration to a former better state by cleaning, repairing, or rebuilding, including, but not limited to, routine maintenance, repairs, equipment replacement, painting.]

(130) [(128)] Representative payee--A person designated by the Social Security Administration to receive and disburse benefits, act in the best interest of the beneficiary, and ensure that benefits will be used according to the beneficiary's needs.

(131) [(129)] Resident--Any individual residing in a nursing facility.

(132) [(130)] Resident group--A group or council of residents who meet regularly to:

(A) discuss and offer suggestions about the facility policies and procedures affecting residents' care, treatment, and quality of life;

(B) plan resident activities;

(C) participate in educational activities; or

(D) for any other purpose.

(133) [(131)] Responsible party--An individual authorized by the resident to act for him as an official delegate or agent. Responsible party is usually a family member or relative, but may be a legal guardian or other individual. Authorization may be in writing or may be given orally.

(134) [(132)] Restraint hold--

(A) A manual method, except for physical guidance or prompting of brief duration, used to restrict:

(i) free movement or normal functioning of all or a portion of a resident's body; or

(ii) normal access by a resident to a portion of the resident's body.

(B) Physical guidance or prompting of brief duration becomes a restraint if the resident resists the guidance or prompting.

(135) [(133)] Restraints (chemical)--Psychoactive drugs administered for the purposes of discipline, or convenience, and not required to treat the resident's medical symptoms.

(136) [(134)] Restraints (physical)--Any manual method, or physical or mechanical device, material or equipment attached, or adjacent to the resident's body, that the individual cannot remove easily which restricts freedom of movement or normal access to one's body. The term includes a restraint hold.

(137) [(135)] RN--Registered nurse. An individual currently licensed by the Texas Board of Nursing as a registered nurse.

(138) [(136)] RN assessment coordinator--A registered nurse who signs and certifies a comprehensive assessment of a resident's needs, using the RAI, including the MDS, as specified by HHSC [DADS].

(139) [(137)] RUG--Resource Utilization Group. A categorization method, consisting of 34 categories based on the MDS, that is used to determine a recipient's service and care requirements and to determine the daily rate HHSC [DADS] pays a nursing facility for services provided to the recipient.

(140) [(138)] Secretary--Secretary of the U.S. Department of Health and Human Services.

(141) [(139)] Services required on a regular basis--Services which are provided at fixed or recurring intervals and are needed so frequently that it would be impractical to provide the services in a home or family setting. Services required on a regular basis include continuous or periodic nursing observation, assessment, and intervention in all areas of resident care.

(142) [(140)] SNF--A skilled nursing facility or distinct part of a facility that participates in the Medicare program. SNF requirements apply when a certified facility is billing Medicare for a resident's per diem rate.

(143) [(141)] Social Security Administration--Federal agency for administration of social security benefits. Local social security administration offices take applications for Medicare, assist beneficiaries file claims, and provide information about the Medicare program.

(144) [(142)] Social worker--A qualified social worker is an individual who is licensed, or provisionally licensed, by the Texas State Board of Social Work Examiners as prescribed by the Texas Occupations Code, Chapter 505, and who has at least:

(A) a bachelor's degree in social work; or

(B) similar professional qualifications, which include a minimum educational requirement of a bachelor's degree and one year experience met by employment providing social services in a health care setting.

(145) [(143)] Standards--The minimum conditions, requirements, and criteria established in this chapter with which an institution must comply to be licensed under this chapter.

(146) [(144)] State Medicaid claims administrator--The entity under contract with HHSC to process Medicaid claims in Texas.

(147) [(145)] State plan--A formal plan for the medical assistance program, submitted to CMS, in which the State of Texas agrees to administer the program in accordance with the provisions of the State Plan, the requirements of Titles XVIII and XIX, and all applicable federal regulations and other official issuances of the U.S. Department of Health and Human Services.

(148) [(146)] State survey agency--HHSC [DADS] is the agency, which through contractual agreement with CMS is responsible for Title XIX (Medicaid) survey and certification of nursing facilities.

(149) [(147)] Stay agreement--An agreement between a license holder and the executive commissioner that sets forth all requirements necessary to lift a stay and rescind a license revocation proposed under §19.2107 of this chapter (relating to Revocation of a License by the Executive Commissioner).

(150) [(148)] Substandard quality of care violation--One or more violations of §19.601 of this chapter (relating to Resident Behavior and Facility Practices), §19.701 of this chapter (relating to Quality of Life), or §19.901 of this chapter (relating to Quality of Care) that constitute:

(A) an immediate threat to resident health or safety;

(B) a pattern of or actual harm that is not an immediate threat; or

(C) a widespread potential for more than minimal harm, but less than an immediate threat, with no actual harm.

(151) [(149)] Supervising physician--A physician who assumes responsibility and legal liability for services rendered by a physician assistant (PA) and has been approved by the Texas Medical Board to supervise services rendered by specific PAs. A supervising physician may also be a physician who provides general supervision of an advanced practice registered nurse providing services in a nursing facility.

(152) [(150)] Supervision--General supervision, unless otherwise identified.

(153) [(151)] Supervision (direct)--Authoritative procedural guidance by a qualified person for the accomplishment of a function or activity within his sphere of competence. If the person being supervised does not meet assistant-level qualifications specified in this chapter and in federal regulations, the supervisor must be on the premises and directly supervising.

(154) [(152)] Supervision (general)--Authoritative procedural guidance by a qualified person for the accomplishment of a function or activity within his sphere of competence. The person being supervised must have access to the qualified person providing the supervision.

(155) [(153)] Supervision (intermittent)--Authoritative procedural guidance by a qualified person for the accomplishment of a function or activity within his sphere of competence, with initial direction and periodic inspection of the actual act of accomplishing the function or activity. The person being supervised must have access to the qualified person providing the supervision.

(156) [(154)] Texas Register--A publication of the Texas Register Publications Section of the Office of the Secretary of State that contains emergency, proposed, withdrawn, and adopted rules issued by Texas state agencies. The Texas Register was established by the Administrative Procedure and Texas Register Act of 1975.

(157) [(155)] Therapeutic diet--A diet ordered by a physician as part of treatment for a disease or clinical condition, in order to eliminate, decrease, or increase certain substances in the diet or to provide food which has been altered to make it easier for the resident to eat.

(158) [(156)] Therapy week--A seven-day period beginning the first day rehabilitation therapy or restorative nursing care is given. All subsequent therapy weeks for a particular individual will begin on that day of the week.

(159) [(157)] Threatened violation--A situation that, unless immediate steps are taken to correct, may cause injury or harm to a resident's health and safety.

(160) [(158)] Title II--Federal Old-Age, Survivors, and Disability Insurance Benefits of the Social Security Act.

(161) [(159)] Title XVI--Supplemental Security Income (SSI) of the Social Security Act.

(162) [(160)] Title XVIII--Medicare provisions of the Social Security Act.

(163) [(161)] Title XIX--Medicaid provisions of the Social Security Act.

(164) [(162)] Total health status--Includes functional status, medical care, nursing care, nutritional status, rehabilitation and restorative potential, activities potential, cognitive status, oral health status, psychosocial status, and sensory and physical impairments.

(165) [(163)] UAR--HHSC's Utilization and Assessment Review Section.

(166) [(164)] Uniform data set--See RAI (Resident Assessment Instrument).

(167) [(165)] Universal precautions--The use of barrier and other precautions to prevent the spread of blood-borne diseases.

(168) [(166)] Unreasonable confinement--Involuntary seclusion.

(169) [(167)] Vaccine preventable diseases--The diseases included in the most current recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

(170) [(168)] Vendor payment--Payment made by HHSC [DADS] on a daily-rate basis for services delivered to recipients in Medicaid-certified nursing facilities. Vendor payment is based on the nursing facility's approved-to-pay claim processed by the state Medicaid claims administrator. The Nursing Facility Billing Statement, subject to adjustments and corrections, is prepared from information submitted by the nursing facility, which is currently on file in the computer system as of the billing date. Vendor payment is made at periodic intervals, but not less than once per month for services rendered during the previous billing cycle.

(171) [(169)] Widespread--When the problem causing a violation is pervasive in a facility or represents systemic failure that affected or has the potential to affect a large portion or all of a facility's residents.

(172) [(170)] Working day--Any 24-hour period, Monday through Friday, excluding state and federal holidays.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201704999

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334


SUBCHAPTER D. FACILITY CONSTRUCTION

DIVISION 1. GENERAL PROVISIONS

40 TAC §19.300, §19.301

The amendment and new section are proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The amendment and new section implement Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.300.General Requirements.

(a) The facility must be designed, constructed, equipped, and maintained to protect the health and ensure the safety of residents, personnel, and the public.

(b) If children are admitted to the facility, accommodations, furnishings, and equipment appropriate to children must be provided, including the following;[.]

(1) The facility must provide indoor and outdoor recreation areas designed to encourage exploration within the children's capabilities.

(2) The facility must provide pediatric equipment and supplies in appropriate sizes for the age and development level of the children. Pediatric emergency supplies and equipment must be readily available for use.

(3) The environment must be the least restrictive allowable while remaining within the parameters of safety. All areas of the facility accessible to children must be "child proof" for safety hazards. This type of safety proofing is above the normal level of hazard control maintained for adult residents and includes the addition of safety covers on electrical outlets not in use that are accessible to children.

(4) Pediatric resident's rooms must be decorated and furnished in accordance with the age and developmental level of the children and as an expression of their individual preferences.

(c) HHSC may grant a waiver for certain provisions regarding the physical plant and environment that, in the opinion of HHSC, would be impractical for the facility to meet. In granting the waiver, HHSC must determine that granting the waiver has no adverse effect on resident health and safety and the requirement, if not waived, would impose an unreasonable hardship on the facility. HHSC may require offsetting or equivalent provisions in granting a waiver.

(d) [(b)] The requirements of this subchapter are applicable to [new and existing] nursing facilities as follows:

(1) All nursing facilities must comply with division 3 of this subchapter (relating to Provisions Applicable to All Facilities).

(2) A nursing facility licensed before September 11, 2003, must comply with division 2 of this subchapter (relating to Facilities Licensed Before September 11, 2003).

(3) A nursing facility licensed on or after September 11, 2003, but before April 2, 2018, must comply with division 5 of this subchapter (relating to Facilities Licensed On or After September 11, 2003 and Before April 2, 2018).

(4) A nursing facility licensed on or after April 2, 2018, must comply with division 9 of this subchapter (relating to Facilities Licensed On or After April 2, 2018).

(5) A small house or household facility is a facility that is designed to provide a non-institutional environment to promote resident-centered care and that meets the requirements of §19.345 of this subchapter (relating to Small House and Household Facilities). New construction of a small house or household facility must meet the requirements of §19.345 of this subchapter. [unless otherwise stated. Refer to §§19.330-19.343 of this title (relating to Facility Construction) for additional requirements for new construction, conversions of existing unlicensed buildings, remodeling, and additions. An existing unlicensed building is defined as any building (or portion thereof) which is not presently licensed as a nursing home.]

(e) A facility must comply with NFPA 101; NFPA 99, except Chapters 7, 8, 12, and 13; and a Tentative Interim Amendment (TIA) issued by NFPA, including the TIAs listed in paragraphs (1) and (2) of this subsection. A facility must also comply with other NFPA publications referenced in NFPA 101 or in this chapter, unless otherwise approved by HHSC.

(1) The following TIAs have been issued for NFPA 101:

(A) TIA 12-1, issued August 11, 2011;

(B) TIA 12-2, issued October 30, 2012;

(C) TIA 12-3, issued October 22, 2013; and

(D) TIA 12-4, issued October 22, 2013.

(2) The following TIAs have been issued for NFPA 99:

(A) TIA 12-2, issued August 11, 2011;

(B) TIA 12-3, issued August 9, 2012;

(C) TIA 12-4, issued March 7, 2013;

(D) TIA 12-5, issued August 1, 2013; and

(E) TIA 12-6, issued March 3, 2014.

(f) Building rehabilitation on existing buildings shall be classified in accordance with NFPA 101 and shall comply with NFPA 101 and §19.350 of this subchapter (relating to Building Rehabilitation). P> (g) Buildings, or portions of buildings, may be occupied during construction, repair, alterations, or additions only when required means of egress and required fire protection features are in place and continuously maintained for the portion occupied, or when alternative life safety measures acceptable to HHSC are in place.

(h) No existing life safety feature shall be removed or reduced when the feature is a requirement for new construction. Life safety features and equipment that have been installed in existing buildings, if not required by NFPA 101, must continue to be maintained or may be completely removed if prior approval is obtained from HHSC.

(i) The facility must perform a risk assessment in accordance with NFPA 99.

(1) The risk assessment must follow and document the defined risk assessment procedure used.

(2) The results of the assessment procedure must be documented and records retained.

(3) A building system required by NFPA 99 shall be designed to meet the risk categories determined for each system as part of this assessment. At a minimum, any new systems or equipment must be designed to meet the requirements for Category 2 risk, as defined in NFPA 99.

(4) The assessment must be reviewed and a new assessment performed, if necessary, on an annual basis and when the facility identifies changes in resident care needs that cannot be met by the currently installed systems and equipment.

(5) In addition to the requirements of NFPA 99 based on the risk assessment, a facility must also meet all applicable requirements of this subchapter.

(j) A wing or area that is separated from the rest of the facility by locked doors, or a facility that is locked in its entirety, for the purpose of securing residents must meet the requirements of §19.2208(a)(6) and (c)(1)-(10) of this chapter (relating to Standards for Certified Alzheimer's Facilities).

§19.301.Definitions.

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. The definitions listed in §19.101 of this chapter (relating to Definitions) also apply to this subchapter.

(1) Alarm Planning Superintendent--Fire Alarm Planning Superintendent. A person licensed by the State Fire Marshal's Office to plan, install, certify, inspect, test, service, monitor, and maintain fire alarm or fire detection devices.

(2) ANSI--American National Standards Institute.

(3) ASHRAE--Formerly American Society of Heating, Refrigerating and Air-Conditioning Engineers. A global society focusing on building systems, energy efficiency, indoor air quality, refrigeration, and sustainability.

(4) ASME--The American Society of Mechanical Engineers, a developer of codes and standards associated with the art, science, and practice of mechanical engineering.

(5) ASME A17.1--Safety Code for Elevators and Escalators, published by ASME.

(6) ASTM--ASTM International, a not-for-profit, voluntary standards developing organization that develops and publishes international voluntary consensus standards for materials, products, systems, and services.

(7) ASTM E84--Standard Test Method for Surface Burning Characteristics of Building Materials, 2010, published by ASTM.

(8) ASTM E90--Standard Test Method for Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions and Elements, published by ASTM.

(9) ASTM E108--Standard Test Methods for Fire Tests of Roof Coverings, published by ASTM.

(10) ASTM E662--Standard Test Method for Specific Optical Density of Smoke Generated by Solid Materials, 2017, published by ASTM.

(11) Building Rehabilitation--Any construction activity involving repair, modernization, reconfiguration, renovation, changes in occupancy or use, or installation of new fixed equipment, including, the following:

(A) the replacement of finishes, such as new flooring or wall finishes or the painting of walls and ceilings;

(B) the construction, removal, or relocation of walls, partitions, floors, ceilings, doors, or windows;

(C) the replacement of doors, windows, or roofing;

(D) changes to the appearance of the exterior of a building, including new finish materials;

(E) the repair, replacement, or extension of fire protection systems, including fire sprinkler systems, fire alarm system, and fire suppression systems at cooking operations;

(F) the replacement of door hardware, plumbing fixtures, handrails in corridors, or grab rails in bathrooms and restrooms;

(G) the repair, replacement, or extension of nurse call systems;

(H) the repair or replacement of emergency electrical system equipment and components, including generator sets, transfer switches, distribution panel boards, receptacles, switches, and light fixtures;

(I) the change of a wing or area to a secured wing or unit;

(J) the change of a secured wing or unit to ordinary resident-use;

(K) a change in the use of space, including the change of resident bedrooms to other uses, such as offices, storage, or living or dining spaces; and,

(L) changes in locking arrangements, such as the installation of access control systems or the installation or removal of electronic locking devices, including electromagnetic locks, and other delayed-egress locking devices.

(12) NFPA 13--Standard for the Installation of Sprinkler Systems, 2010 edition.

(13) NFPA 25--Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, 2011 edition.

(14) NFPA 37--Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines, 2010 edition.

(15) NFPA 54--National Fuel Gas Code, 2012 edition.

(16) NFPA 55--Compressed Gases and Cryogenic Fluids Code, 2010 edition.

(17) NFPA 58--Liquefied Petroleum Gas Code, 2011 edition.

(18) NFPA 70--National Electrical Code, 2011 edition.

(19) NFPA 72--National Fire Alarm and Signaling Code, 2010 edition.

(20) NFPA 90A--Standard for the Installation of Air-Conditioning and Ventilating Systems, 2012 edition.

(21) NFPA 96--Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, 2011 edition.

(22) NFPA 110--Standard for Emergency and Standby Power Systems, 2010 edition.

(23) NFPA 220--Standard on Types of Building Construction, 2012 edition.

(24) NFPA 255--Standard Method of Test of Surface Burning Characteristics of Building Materials. This document was withdrawn by NFPA in 2009 in lieu of ASTM E84 and UL 723.

(25) NFPA 258--Recommended Practice for Determining Smoke Generation of Solid Materials. This document was withdrawn by NFPA in 2006 in lieu of ASTM E662.

(26) Patient care vicinity--A space extending 6 ft. (1.8 m) horizontally in all directions around the resident bed and extending vertically to 7 ft. 6 in. (2.3 m) above the floor. If the dimension between the bed and a wall or partition is less than 6 ft. (1.8 m), the limit of the patient care vicinity is at the wall or partition.

(27) RME--Responsible Managing Employee. A person licensed by the State Fire Marshal's Office who is designated by a registered fire sprinkler firm to ensure that any fire protection sprinkler system, as planned, installed, maintained, or serviced, meets the standards provided by law. The type of RME license issued determines the type of fire sprinkler services the fire sprinkler firm may perform.

(28) TAS--Texas Accessibility Standards.

(29) Texas Natural Resource Conservation Commission--The predecessor agency to TCEQ

(30) TCEQ--Texas Commission on Environmental Quality.

(31) UL--UL LLC, formerly Underwriters' Laboratory.

(32) UL 723--Standard for Test for Surface Burnings Characteristics of Building Materials.

(33) UL 790--Standard Test Methods for Fire Tests of Roof Coverings.

(34) UL 1069--Standard for Hospital Signaling and Nurse Call Equipment.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705000

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334


40 TAC §§19.301, 19.302, 19.312

The repeals are proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The repeals implement Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.301.Applicable Codes and Standards.

§19.302.Waivers.

§19.312.Means of Egress.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705013

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334


DIVISION 2. FACILITIES LICENSED BEFORE SEPTEMBER 11, 2003

40 TAC §§19.302 - 19.305, 19.309, 19.318

The amendments and new section are proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The amendments and new section implement Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.302.Applicable Codes and Standards.

(a) The facility must meet the provisions of the Existing Health Care Occupancies chapter of NFPA 101.

(b) The following codes, standards, or guidelines govern their subject areas for existing construction:

(1) If the municipality has a building code and a plumbing code, those codes govern.

(2) In the absence of municipal codes, nationally recognized codes must be used. To ensure continuity, all nationally recognized codes, when used, must be publications of the same group or organization.

(3) Heating, ventilating, and air-conditioning systems must be designed and installed in accordance with NFPA 90A and the ASHRAE Handbook, except as may be modified in this subchapter.

(4) Electrical and illumination systems must be designed and installed in accordance with NFPA 70 and the Lighting Handbook of the Illuminating Engineering Society of North America, except as may be modified in this subchapter.

(5) The facility must comply with accessibility requirements for individuals with disabilities in the revised regulations for Title II and III of the Americans with Disabilities Act at 28 CFR Part 35 and Part 36, also known as the 2010 ADA Standards for Accessible Design, and the TAS adopted by the Texas Department of Licensing and Regulation (TDLR) at 16 TAC Chapter 68. A facility must register plans for new construction, substantial renovations, modifications, and alterations with TDLR, Attn: Elimination of Architectural Barriers Program, and comply with TAS.

(6) Every building and portion of a building must be capable of sustaining all dead and live loads in accordance with accepted engineering practices and standards.

(7) Each building must be classified as to building construction type for fire resistance rating purposes in accordance with NFPA 220 and NFPA 101.

(8) Building insulation materials, unless sealed on all sides and edges in an approved manner with noncombustible material, must have a flame-spread rating of 25 or less when tested in accordance with ASTM E84, UL723, or ASTM E662.

(9) A facility with a boiler must meet all applicable requirements of Texas Health and Safety Code, Chapter 755.

§19.303.Emergency Power.

(a) Emergency power systems must meet the requirements of NFPA 99 applicable to existing facilities, for the risk category determined by the requirements of §19.300(i) of this subchapter (relating to General Requirements), and the requirements of this section. Rehabilitation or modernization of an existing emergency power system must be based on the assessed risk category and according to the requirements of NFPA 99 for new health care facilities.

(b) [(a)] An emergency electrical power system must supply power adequate at least for lighting all entrances and exits, equipment to maintain the fire detection, alarm, and extinguishing systems, and any systems or equipment whose failure is likely to cause major injury or death to a resident [life-support systems] if the normal electrical supply is interrupted. Emergency electrical services by generator or battery must be provided to comply with the provisions of NFPA [the National Fire Protection Association (NFPA)] 70. Battery systems must be capable of sustaining power for a duration of at least one and one-half hours.

(1) The emergency electrical power system must supply the following systems [Life Support must include]:

(A) illumination for means of egress, nurses' [nurse] stations, medication rooms, dining and living rooms, and areas immediately outside of exit doors;

(B) exit signs and exit directional signs required by NFPA 101 [the Life Safety Code];

(C) alarm systems, including fire alarms activated by manual stations, water flow alarm devices of sprinkler systems, fire and smoke detecting systems, and alarms required for nonflammable medical gas systems if installed [(where hospital-type functions are included in the nursing home facility, applicable standards apply)];

(D) task illumination and selected receptacles at any required or provided generator set location;

(E) selected duplex receptacles, including receptacles in resident corridors, each resident-bed location where systems or equipment is used whose failure is likely to cause major injury or death to a resident, nurses' [life-support electrical appliances are utilized, nurse] stations, medication rooms, including biological refrigerator, if a generator is required or provided;

(F) nurse call [calling] systems;

(G) resident room night lights when provided [where required];

(H) elevator cab lighting, control, and communication systems;

(I) all facility telephone equipment; and

(J) those paging or speaker systems that are necessary for the communication plan for an emergency. Radio transceivers that are necessary for emergency use must be capable of operating for at least one hour upon total failure of both normal and emergency power.

(2) If the emergency electrical power system supplies other [Where critical] systems the facility considers critical to operation, the transfer to the emergency power source must be by [are provided, there must be a] delayed automatic connection.

(3) The emergency lighting must be automatically in operation within 10 seconds after the interruption of normal electrical [electric] power supply. Emergency service to receptacles and equipment may be a delayed automatic connection. Receptacles connected to emergency power must be of a uniform and distinctive color. Stored fuel capacity must be sufficient for not less than four hours [four-hour] of required generator operation.

(4) An emergency [Emergency] motor generator, if [required or] provided, must meet the following standards:

(A) any emergency generator must be installed in accordance with NFPA 37, NFPA 110 and NFPA 99;

(B) generators located on the exterior of the building must be provided with a noncombustible protective cover or be protected as per manufacturer's recommendations; and

(C) motor generators fueled by public utility natural gas must have the capacity to be manually or automatically switched to an alternate fuel source, as specified in NFPA 70.

(5) Wiring for the emergency system must be in accordance with NFPA 70.

(c) [(b)] When the failure of [life support] systems or equipment is likely to cause major injury or death to a resident, such as the failure of a mechanical ventilator used to support or completely control breathing, [are used,] the facility must provide emergency electrical power with an emergency generator as, defined in NFPA 99, [(as defined in NFPA 99, Health Care Facilities)] located on the premises.

§19.304.Space and Equipment.

[(a)] The facility must:

(1) provide sufficient space and equipment in dining, health services, recreation, and program areas to enable staff to provide residents with needed services as required by these standards and as identified in each resident's plan of care; and

(2) maintain all essential mechanical, electrical, and resident [patient] care equipment in safe operating condition.

[(b) A wing or area which is separated from the rest of the facility by locked doors for the purpose of securing residents must meet the requirements of §19.2208(a)(6) and (c)(1)-(10) of this title (relating to Standards for Certified Alzheimer's Facilities).]

[(c) If children are residents of the facility, the facility must provide:]

[(1) indoor and outdoor recreation areas designed to encourage exploration within the children's capabilities; and]

[(2) pediatric equipment and supplies in appropriate size for the age and development level of the children. Pediatric emergency supplies and equipment must be readily available for use.]

§19.305.Resident Rooms.

Resident rooms must be designed and equipped for adequate nursing care, comfort, and privacy of residents.

(1) Bedrooms must:

(A) accommodate no more than four residents. The total number of beds in ward rooms with three or more beds must not exceed 50% of the total facility capacity in existing facilities unless approved by HHSC [the Texas Department of Human Services (DHS)].

(B) measure at least 80 square feet per resident in multiple resident bedrooms and at least 100 square feet in single resident rooms.

(C) have direct access to an exit corridor.

(D) be designed or equipped to ensure [assure ] full visual privacy for each resident. A facility must take appropriate measures to protect the privacy and dignity of the residents [Appropriate measures must be taken] through the use of cubicle curtains, screens, or procedures [to protect the privacy and dignity of the residents]. Curtains and screens must be rendered and maintained flame-retardant.

(E) in facilities initially certified after March 31, 1992, except in private rooms, have ceiling-suspended curtains for each bed, which extend around the bed to provide total visual privacy, in combination with adjacent walls and curtain (see paragraph (4) of this section).

(F) have at least one operable window to the outside which can readily be opened from the inside without the use of tools. The height of the window sill [(opening)] must not exceed 36 inches above the floor. The minimum area of windows in each bedroom must equal at least 8.0% of the room area. Operable window sections may be restricted to not more than six nor less than four inches for security or safety reasons [if approved in writing by DHS]. Each window must be provided with a flame-retardant shade, curtain, or blind.

(G) have a floor at or above grade level.

(2) The facility must provide each resident with:

(A) a separate bed of proper size and height for the convenience of the resident. The bed will be a minimum of 36 inches wide with a headboard of sturdy construction. The facility must provide each bed [Each bed must be provided] with suitable bedspreads and blankets to ensure [assure] the comfort and warmth of each resident, and must not pass bedspreads and blankets [be passed] from resident to resident without first being laundered. The bed of each resident with physician's orders for bedrails must have bedrails affixed to both sides of the bed;

(B) a clean, comfortable mattress with a moisture-proof cover, and a comfortable pillow;

(C) bedding appropriate to the weather and climate; and

(D) functional furniture appropriate to the resident's needs including a comfortable chair, bedside cabinet, and individual closet space in the resident bedroom with at least 16 inches of hanging space, shelves for personal belongings accessible to the resident, and closeable doors [door(s)]. Each bedroom must be provided with at least one noncombustible wastebasket.

(3) HHSC [DHS] may permit variations in requirements specified in paragraph (1)(A) and (B) of this section relating to rooms in individual cases when the facility demonstrates in writing that the variations:

(A) are required by the special needs of the residents; and

(B) will not adversely affect residents' health and safety.

(4) The width and length of bedrooms and the arrangement of furniture must ensure [assure] appropriate resident circulation, especially in relation to emergency evacuation and to usual wheelchair movement. Bedrooms should not be less than 10 feet in the smallest dimension. There must be at least 36 inches between beds and should be at least 18 inches between any bed and the adjacent parallel wall that restricts access by the resident, [(]that is, bed sides should not have to be placed against a wall to meet other spacing requirements[)]. Beds must not extend into the bedroom door opening, nor must any other piece of furnishing or equipment be located where it might preclude or inhibit the removal of any bed or closing and latching of the bedroom door in an emergency.

(5) Each bed must have access to a nurse call [nurse-call] device that is part of an electrical nurse call [nurse-call] system.

(6) Each bed must be provided with an appropriate, safe, durable, non-glare [nonglare], permanently bed-mounted or wall-mounted reading-light fixture. The fixture must be wired in accordance with NFPA [National Fire Protection Association (NFPA)] 70. These fixtures should be mounted at least five feet, six inches above the floor. The switch must be within reach of a resident in the bed.

(7) At least one duplex receptacle must be provided for each bed. Other duplex receptacles must be provided as needed or [and/or] as required by NFPA 70.

(8) Each bedroom must be ensured [assured] of having general lighting, either by means of appropriate combination reading light or by means of separate fixture.

(9) For emergency separation from fire and smoke, bedroom doors must be maintained to close completely without dragging or binding, to latch securely, and to fit reasonably tight in the frame. The gap between the floor and the bottom of the closed door must not exceed 3/4 inch.

(10) Vacant bedrooms may not be used for hazardous activities or hazardous storage, unless specifically approved by HHSC [DHS] in writing.

(11) Bedrooms must be identified with a raised or recessed unique number placed on or near the door. Refer to §19.319(c) of this title (relating to Provisions for Persons with Disabilities) and §19.302(b)(5) [§19.301(c)(5)] of this title (relating to Applicable Codes and Standards).

(12) Residents must be permitted and encouraged to have personal possessions in their rooms that do not interfere with their care, treatment, or well-being, or that of other residents. [Pediatric resident's rooms should be decorated and furnished in accordance with the age and developmental level of the children and as an expression of their individual preferences.]

(13) Locks on bedroom doors are permitted when they meet definite resident [patient] needs, including the following situations:

(A) married couples whose rights of privacy could be infringed upon unless bedroom door locks are permitted;

(B) residents for whom the attending physician wants bedroom door locks to enhance their sense of security; and

(C) residents for whom restraint through confinement to their own rooms is necessary for their own or [and/or] other persons' safety.

(14) In situations such as those listed in paragraph (13) of this section, the following guidelines must be met:

(A) bedroom door locks for other than restraining purposes must be of the type which the occupant can unlock at will from inside the room;

(B) all bedroom door locks must be of the type which can be unlocked from the corridor side;

(C) attendants must carry keys which will permit ready accessibility to the locked bedrooms when entrance becomes necessary;

(D) bedroom doors which are locked for resident restraining purposes must be dutch doors [dutch-doors], with only the lower section locked. The upper part of the doorway must be open to permit visual supervision of the residents from the corridor. The dutch door must [should] be easily unlocked by nurses and attendants. Resident restraints of any nature cannot be applied without orders from the attending physician. [See §19.601 of this title (relating to Resident Behavior and Facility Practice).]

(E) locking of bedroom doors by residents for privacy or security or by nursing facility staff for restraint [(dutch door)] will not be permitted except when specifically included in the attending physician's written orders or authorized by the nursing facility administrator.

§19.309.Other Environmental Conditions.

The facility must provide a safe, functional, sanitary, and comfortable environment for residents, staff, and the public.

(1) The facility must:

(A) establish procedures to ensure that water is available to essential areas when there is a loss of normal water supply;

(B) have adequate outside ventilation by means of windows, mechanical ventilation, or a combination of the two;

(C) maintain an effective pest control program so that the facility is free of pests and rodents; and

(D) equip corridors with firmly secured handrails on each side on all wall segments [walls] 18 inches in length or longer [greater]. These rails must be substantially anchored to withstand downward force and must be mounted 33 to 36 inches from the floor.

(2) No occupancies or activities undesirable to the health, safety, or well-being of residents will be located in the facility.

[(3) For pediatric residents, the environment must be the least restrictive allowable while remaining within the parameters of safety. All areas of the facility accessible to children must be "child proof" for safety hazards. This type of safety proofing is above the normal level of hazard control maintained for adult residents and includes the addition of safety covers on electrical outlets not in use which are accessible to children.]

[(4) In operations where there is a chance of cross-contamination, clean and soiled operations must be separated to lessen the chance of cross-contamination by facility employees, residents, and others. This separation must be in relation to traffic flow, air currents, air exhaust, water flow, vapors, and other conditions.]

(3) [(5)] An electric water cooler or water fountain must be accessible to residents. When new drinking fountains are provided, at least one must be installed to be accessible to persons in wheelchairs.

(4) [(6)] Public toilets [toilet(s)] with sanitary hand-washing [handwashing] and drying provisions must be provided or designated.

(5) [(7)] If deodorant is used for air-freshening purposes, the following procedures must apply:

(A) deodorants or air fresheners are permitted provided the dispensing device is located where it is inaccessible to residents [and patients];

(B) these products are not used to cover odors resulting from poor housekeeping practices or unsanitary conditions;

(C) these products are not used in excess;

(D) there is no contra-indication on the label of the product indicating that the product should not be used in the presence of [aged or ill] persons who are older or ill; and

(E) devices, such as ozone generators, ultra-violet generators, and smoke eliminators, must be approved by HHSC [the Texas Department of Human Services].

(6) Permanently mounted hold-open devices to expedite emergency egress and prevent accidental lock-out must be provided for exterior doors.

§19.318.Other Rooms and Areas.

(a) Nurses' [Nurses] station. A nurses' [nurses] station is an area designated as the focal point on all shifts for the administration and supervision of resident-care activities for a designated number of resident bedrooms.

(1) All resident bedroom corridors must be observable by direct line of sight or by mechanical means from a designated nurses' [nurses] station or auxiliary station. There must be at least one nurses' [nurses] station per floor in multi-story [multi-storied] buildings.

(2) If all resident bedroom corridors are observable by direct line of sight from inside the nurses' [nurses] station or from within 24 inches of the counter or hall of the nurses' [nurses] station, no auxiliary stations are required, even if resident bedrooms are more than 150 feet from the nurses' [nurses] station.

(3) When resident bedrooms are more than 150 feet from the nurses' [nurses] station and the adjacent corridors are not observable from the station by direct line of sight, an auxiliary station must be established and used.

(4) All corridors adjacent to resident bedrooms that are more than 150 feet from a designated nurses' [nurses] station or auxiliary station must be observable by direct line of sight from the designated nurses' [nurses] station or auxiliary station. Corridors located in the service area of an auxiliary station must be observable, as described in paragraphs (2) and (3) of this subsection, at the auxiliary station.

(5) The 150-foot limitation described in paragraphs (2)-(4) of this subsection may be increased to 165 feet in facilities or additions to facilities completed before August 10, 1983.

(6) In addition to the required normal and emergency illumination, the facility must keep on hand and readily available to night staff no less than one working flashlight at each nurses' station.

(b) Auxiliary station. Each auxiliary station must include a work area in which nursing personnel can document and maintain resident data, even if the facility's initial decision is to maintain clinical records at the nurses' [nurses] station.

(1) Auxiliary stations must be staffed by nursing personnel during all shifts.

(2) More than one auxiliary station may be assigned to a designated nurses' [nurses] station, regardless of the distance between stations. More than one corridor may be observed by mechanical means from a designated nurses' [nurses] station or auxiliary station.

(3) A nurse call system for resident corridors monitored by an auxiliary station[, located in the service area or a designated auxiliary station,] must register calls at the auxiliary station [nurses station to which it is assigned].

(4) Each auxiliary station must have an emergency electrical source adequate to power lights at the station.

(5) Medications and clinical records may be maintained at an auxiliary station.

(6) If a required auxiliary station does not already exist and the facility must establish a new auxiliary station, all applicable standards, particularly those pertaining to the physical plant [plan] and NFPA 101 [the Life Safety Code], must be observed. All renovations and structural changes require prior approval from HHSC [the Texas Department of Human Services (DHS)].

(7) All new construction completed after August 10, 1983, must allow direct line-of-sight observation of all resident bedroom corridors from the nurses' [nurse] station or auxiliary station.

(c) Mechanical means for resident observation.

(1) The nursing facility may use [mechanical means, such as] closed-circuit television or [and] mirrors[,] to observe residents in the facility.

(2) Closed-circuit television monitoring systems must meet the following criteria:

(A) The camera [camera(s)] must be placed to view the entire corridor length, without any "blind spots."

(B) The camera [camera(s)] must be capable of providing recognizable images, in minimum and maximum light levels, for the complete viewing area.

(C) The monitor [monitor(s)] must be installed and be clearly visible to persons in the nurses' [nurses] station or auxiliary station who are assigned to the area monitored by the camera.

(D) The system must be supplied with emergency power that enables the system to function during electrical service failures.

(E) Each camera must have its own separate monitor.

(F) If the system performs [they perform] the minimum basic functions specified in subparagraphs (A)-(D) of this paragraph, television monitoring systems installed before March 1984 may remain in service until the equipment is replaced or the system is expanded. Replacement systems or new component equipment must satisfy subparagraphs (A)-(E) of this paragraph.

(3) Mirrors must meet the following criteria:

(A) The mounting height of the mirror must be no less than six feet and eight inches from the floor to the bottom of the mirror.

(B) The mirror [mirror(s)] must not extend more than 3-1/2 inches from the face of the corridor wall, unless the bottom of the mirror is more than seven feet and six inches above the floor.

(C) The mirror image must be clear enough that individuals can be recognized, in minimum and maximum light levels, throughout the viewing area.

(4) The monitoring systems described in this section must not be used to deny privacy to staff or residents.

(d) Nurse [Resident] call system. Each nurses' [nurses] station must be equipped to register residents' calls through a communication system from resident areas. [See §19.307 of this subchapter (relating to Resident Call System) for specific requirements.]

(e) Medication storage area. A medication storage area must include a [There must be] sufficient, lockable, enclosed medicine storage spaces, medicine room, or medication cart. The medication storage area must be furnished with a refrigerator. There must be sufficient space available for a medication preparation area equipped with a sink having hot and cold water. When not in use, a [the] medication cart must be secured in a designated area. Only authorized personnel must have access to the lockable, enclosed medicine storage area, medication room, or [medication storage area] and the medication cart. Medication storage areas and preparation areas must be adequately ventilated and temperature controlled. [See §19.1501 of this chapter (relating to Pharmacy Services).]

(f) Clean utility room. A clean utility room must be provided and must contain a sink with hot and cold water. It must be part of a system for storage and distribution of clean and sterile supply materials and equipment.

(g) Soiled utility room. A soiled utility room must be provided and contain a flushing fixture and a sink with hot and cold water. It must be part of a system for collection and cleaning or disposal of soiled utensils or materials.

(h) Soiled linen room. A soiled linen room [Soiled linen rooms] must be provided as needed commensurate with the type of laundry system used. In relation to adjacent areas, a negative air pressure must be provided with air exhausted through ducts to the exterior. Air must be exhausted continually whenever there are soiled linens in the room. A soiled linen room may be combined with a soiled utility room.

(i) Clean linen storage. Clean linen storage must be provided, conveniently located to resident bedroom areas.

(j) Kitchens.

(1) Nursing facility kitchens will be evaluated on the basis of their performance in the sanitary and efficient preparation and serving of meals. Consideration will be given to planning for the type of meals served, the overall building design, the food service equipment, arrangement, and the work flow involved in the preparation and delivery of food. Evaluation will be based on the number of meals served.

(2) Kitchen temperature, at peak load, must not exceed a temperature of 85 degrees Fahrenheit measured [over the room] at the five foot level. The facility must provide sufficient heating [Sufficient heating must be provided] to maintain an average temperature of not less than 70 degrees Fahrenheit in winter, [(]with exhausts operating,[)] at the five-foot level.

(3) The kitchen must have operational equipment for preparing and serving meals and for refrigerating and freezing of perishable foods, as well as equipment in, or [and/or] adjacent to, the kitchen or dining area for producing ice.

(4) The kitchen must have facilities for washing and sanitizing dishes and cooking utensils. These facilities must be adequate for the number of meals served and the method of serving, [(]such as use of permanent or disposable dishes[)]. The kitchen must contain a multi-compartment sink large enough to immerse pots and pans. In all facilities, a mechanical dishwasher is required for sanitizing dishes. The facility must maintain separation [Separation] of soiled and clean dish areas, [must be maintained,] including air flow and traffic flow.

(5) The kitchen must have an adequate supply of hot and cold water. Hot water for sanitizing purposes must be 180 degrees Fahrenheit or the manufacturer's suggested temperature for chemical sanitizers, as specified for the system in use. For mechanical dishwashers, the temperature measurement is at the manifold. Hot water for general kitchen use must be 140 degrees Fahrenheit.

(6) A kitchen must have at least one hand-washing [handwashing] lavatory in the food-preparation area. The dish washing area must have ready access to a hand-washing [handwashing ] lavatory or hand sanitizing device. Hand-washing [Handwashing] lavatories must be provided with hot and cold running water, a sanitary soap dispenser, and paper towel dispenser [(]or hot air dryer[)].

(7) Nonabsorbent smooth finishes or surfaces must be used on kitchen floors, walls, and ceilings. These surfaces must be capable of being routinely sanitized to maintain a healthful environment.

(8) A janitor's closet with service sink must be easily and readily accessible to the kitchen.

(9) The kitchen [Kitchen] exhaust hood at cooking equipment and its attached automatic chemical extinguisher must comply with NFPA 96. HHSC [National Fire Prevention Association (NFPA) 96. DHS] may waive certain details of NFPA 96 for existing kitchen exhausts at cooking equipment provided that basic function and safety are not compromised.

(k) Food storage areas.

(1) Food storage areas must provide for storage of a seven-day minimum supply of nonperishable staple foods and a two-day supply of perishable foods at all times.

(2) Shelves and pallets must be moveable wire, metal, or sealed lumber, and walls must be finished with a nonabsorbent finish to provide a cleanable surface.

(3) Dry food storage must have a venting system to provide for reliable positive air circulation.

(4) The maximum room temperature for food storage must not exceed 85 degrees Fahrenheit [at all times]. The measurement must be taken at the five-foot level.

(5) Foods must not be stored on the floor. Dunnage carts or pallets may be used to elevate foods not stored on shelving.

(6) Sealed containers must be provided for storing dry foods after the package seal has been broken.

(7) Food storage areas may be located apart from the food preparation area as long as there is space adjacent to the kitchen for necessary daily usage.

(l) Auxiliary serving kitchens [(those] not contiguous to food preparation and serving areas[)].

(1) When [Where] service areas other than the kitchen are used to dispense foods, the facility must designate these service areas as food service areas [these must be designated as food service areas] and must have equipment for maintaining required food temperatures while serving.

(2) Separate food service areas must have hand-washing [handwashing] facilities as a part of the food service area.

(3) Finishes of all surfaces except ceilings must be the same as those required for dietary kitchens.

(m) Administrative and public areas. Facilities must have administrative areas [area(s)] for normal business transactions and maintenance of records.

(n) Laundry.

(1) Laundry facilities must be located in areas separate from resident rooms. The laundry must be designed, constructed, and equipped and appropriate procedures must be utilized to ensure [assure] that laundry is handled, cleaned, and stored in a sanitary manner.

(2) Laundry for general linen and clothing must be arranged so as to separate soiled and clean operations as they relate to traffic, handling, and air currents. Suitable exhaust and ventilation must be provided to prevent air flow from soiled to clean areas.

(3) Floors, walls, and ceilings must be nonabsorbing and easily cleanable.

(4) Soiled linen must be stored and [and/or ] transported in closed or covered containers. Soiled linen storage or holding rooms must have a negative air pressure in relation to adjacent areas with air exhausted through ducts to the exterior.

(5) Laundry areas must have air supply and ventilation to minimize mildew and odors. Doors must not remain open, for sanitation and safety reasons.

(6) Room size, and number and type of appliances must provide efficient, sanitary, and timely laundry processing to meet the needs of the facility.

(7) The laundry, if located in the facility, must meet NFPA 101 [the Life Safety Code] requirements for separation and construction for hazardous areas.

(o) Resident-use laundry. This service, if provided, must be limited to not more than one residential type washer and dryer per laundry room. This room must be classified as a hazardous area according to NFPA 101 [the Life Safety Code].

(p) Personal grooming area. Space and equipment must be provided for the hair care and grooming needs of the residents. Hair care and grooming service will be provided in resident bedrooms or in designated areas which are not in a way of egress.

(q) Storage rooms. General and [and/or] specific storage areas must be provided as needed and required for safe and efficient operation of the facility. Items must not be stored in inappropriate places such as corridors or rooms which are not equipped for special hazard protection.

(r) Janitor closets. In addition to the janitors' closet called for in certain departments, other janitors' closets must be provided throughout the facility to maintain a clean and sanitary environment. All janitor closets must have a negative air pressure in relation to adjacent areas with air exhausted through ducts to the exterior.

(s) Disposal facilities. A policy and procedure for the safe and sanitary disposal of special waste must be provided. [The facility must comply with Texas Department of Health requirements as described in 25 TAC §§1.131-1.137 (Definitions and Treatment of Special Waste from Health Care Related Facilities). The facility must also comply with Texas Natural Resource Conservation Commission requirements for medical waste management, as specified in 30 TAC Chapter 330, Subchapter Y.] Space and facilities must be provided for the sanitary storage and disposal of waste, not classified as special, by incineration, mechanical destruction, compaction, containerization, removal, or contract with outside resources, or by a combination of these techniques

(t) Maintenance, engineering service, and equipment areas.

(1) The facility must provide storage for building equipment, supplies, tools, parts, and yard maintenance equipment.

(2) Volatile liquids and supplies must not be kept within the main building housing residents.

(3) All equipment requiring periodic maintenance, testing, and servicing must be reasonably accessible. Necessary equipment to conduct these services, [(]such as ladders, specific tools, and keys,[)] must be readily available on site.

(u) Oxygen.

(1) The facility must implement procedures that ensure [assure] the safe and sanitary use and storage of oxygen. Such procedures must be in compliance with all applicable NFPA standards, including NFPA 99.

(2) Oxygen cylinders and containers must be in compliance with NFPA 99. Liquid oxygen containers must be certified by UL [Underwriters Laboratory (UL)] or another [other] approved testing laboratory for compliance with NFPA 55 [50] requirements. The storage, handling, assembly, and testing must be in compliance with all applicable NFPA standards, including NFPA 99 and NFPA 55 [50] requirements. The facility is responsible for defining all potential hazards both graphically and verbally to all persons involved in the use of liquid oxygen and ensuring that the liquid-oxygen provider does also.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705002

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334


DIVISION 3. PROVISIONS APPLICABLE TO ALL FACILITIES

40 TAC §19.326

The amendment is proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The amendment implements Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.326.Safety Operations.

(a) The [A] facility must have a program to inspect, test, and maintain the fire alarm system and must execute the program at least once every three months.

(1) The facility must contract with a company that is registered by the State Fire Marshal's Office to execute the program.

(2) A [The] person who performs a service under the contract must be licensed by the State Fire Marshal's Office to perform the service and must complete, sign and date an inspection form similar to the inspection and testing form in NFPA [National Fire Protection Association (NFPA)] 72 for a service provided under the contract.

(3) The facility must ensure fire alarm system components that require visual inspection are visually inspected in accordance with NFPA 72.

(4) The facility must ensure fire alarm system components that require testing are tested in accordance with NFPA 72.

(5) The facility must ensure fire alarm system components that require maintenance are maintained in accordance with NFPA 72.

(6) The facility must ensure smoke dampers are inspected and tested in accordance with NFPA 101[, 2000 Edition].

(7) The facility must maintain onsite documentation of compliance with this subsection.

(b) A facility must have a program to inspect, test and maintain the sprinkler system and must execute the program at least once every three months.

(1) The facility must contract with a company that is registered by the State Fire Marshal's Office to execute the program.

(2) The person who performs a service under the contract must be licensed by the State Fire Marshal's Office to perform the service and must complete, sign and date an inspection form similar to the inspection and testing form in NFPA 25 for a service provided under the contract.

(3) The facility must ensure sprinkler system components that require visual inspection are visually inspected in accordance with NFPA 13 and 25.

(4) The facility must ensure sprinkler system components that require testing are tested in accordance with the NFPA 13 and 25.

(5) The facility must ensure sprinkler system components that require maintenance are maintained in accordance with NFPA 13 and 25.

(6) The facility must ensure that individual sprinkler heads are inspected and maintained in accordance with NFPA 13 and 25.

(7) The facility must maintain onsite documentation of compliance with this subsection.

(c) If facility staff verify or suspect a malfunction of the fire alarm, emergency electrical, or sprinkler system, the facility must immediately investigate and correct the condition. In addition, the facility must immediately report the failure of the fire alarm, emergency electrical, or sprinkler system to all facility staff and the local fire authority.

(d) If emergency generators are required or provided, a facility must have a program to maintain, operate, and test all emergency generators, including all appurtenant components, and must execute the program at least once every week.

(1) The facility must use a properly instructed person to oversee and execute the program.

(2) The facility must ensure generator components are inspected, tested, and maintained in accordance with NFPA 37, 70, 99, and 110.

(3) The facility must ensure all generators are operated, under load, for at least 30 minutes each week.

(4) The person who executes the program must maintain a signed and dated record or log of inspections, tests and maintenance performed.

(5) For each required operation of the generator under the program, the record or log must include the information necessary to verify:

(A) the total time taken to transfer the load to emergency power;

(B) the total time the generator operated under load;

(C) the total time the facility's emergency system remained on generator power after restoration of normal utility power; and

(D) the total time the generator operated [(]without load[)] after the facility's return to normal utility power.

(6) The facility must ensure the condition and proper operation of all emergency lighting is inspected and tested at least once every week [under the program].

(7) The facility must maintain onsite documentation of compliance with this subsection.

(e) Duplex receptacles powered through the emergency electrical system must be installed at each resident bed location where resident-care-related [patient-care-related] electrical appliances are in use, unless a facility can demonstrate that it can provide the diagnostic, therapeutic, or monitoring benefits of the resident-care-related [patient-care-related] electrical appliances through acceptable alternative means in the event of a power outage.

(f) A facility must conduct a functional test on every required battery emergency lighting system at 30-day intervals for a minimum of 30 seconds [1/2 hour]. The facility must also conduct an annual test for a minimum of 1 1/2 hours. The lighting system must be fully operational for the duration of the testing. The facility must maintain an onsite written record of all tests performed and make those records available to the authority having jurisdiction during an inspection.

(g) A facility must ensure that a person licensed by the State Fire Marshal's Office [office] inspects and services automatic fixed fire extinguishment systems mounted in kitchen range hoods at least once every six months in accordance with NFPA 96. The facility must maintain, onsite, a written and signed report of the inspection and service performed. The facility must keep the hood, exhaust ducts, and filters clean and free of accumulated grease.

(h) A facility must inspect and maintain portable fire extinguishers.

(1) Facility staff must visually inspect portable fire extinguishers monthly. Facility staff conducting the monthly visual inspection must ensure portable extinguishers are protected from damage, kept on their mounting brackets or in cabinets at all times, and kept in the proper condition and working order.

(2) A facility must ensure that a person licensed by the State Fire Marshal's Office [office] inspects and maintains portable fire extinguishers at least once every 12 months in accordance with NFPA 10.

(3) The facility must maintain, onsite, a record of all fire extinguisher inspections and maintenance performed.

(i) A facility using gas must have the gas piping lines between the meter and appliances tested for leaks annually by a person licensed by [with] the State Board of Plumbing Examiners. The facility must maintain, onsite, a written and signed report of these tests. The facility must note and correct any unsatisfactory conditions immediately.

(j) A facility must formulate, adopt, and enforce [smoking ] policies regarding smoking, smoking areas, and smoking safety that also take into account non-smoking residents.

(1) The facility's policies must comply with all applicable federal, state, and local laws and regulations [codes, regulations, and standards, including local ordinances].

(2) The facility is responsible for informing residents, staff, visitors, and other affected parties of smoking policies through the distribution and posting of policies.

(3) A facility must prohibit smoking in any room, ward, or compartment where flammable liquids, combustible gas, or oxygen are used or stored and in any other hazardous locations. These areas must be posted with "No Smoking" signs.

(4) A facility must provide ashtrays of noncombustible material and safe design in all areas where smoking is permitted.

(5) A facility must provide a metal container with a self-closing cover device into which ashtrays can be emptied in all areas where smoking is permitted.

(k) A facility must not allow storage of combustible products in facility rooms with gas-fired equipment.

(l) A facility must not allow storage of volatile or flammable liquids or materials anywhere within the facility building.

(m) A facility may install alcohol-based hand rub dispensers if the dispensers are:

(1) installed in a manner that:

(A) does not conflict with any state or local codes that prohibit or otherwise restrict the placement of alcohol-based hand rub dispensers in health care facilities;

(B) minimizes leaks and spills that could lead to falls;

(C) adequately protects against access by vulnerable populations; and

(D) complies with NFPA 101 [chapter 18.3.2.7 or chapter 19.3.2.7 of the 2000 edition of the Life Safety Code, as amended by NFPA Temporary Interim Amendment 00-1 (101) and the Code of Federal Regulations, Title 42, Part 483, Subpart B, Requirements for Long Term Care Facilities]; and

(2) maintained in accordance with dispenser manufacturer guidelines.

(n) A facility must not store or leave unattended medical equipment, carts, wheelchairs, tables, furniture, dispensing machines, or similar physical objects in corridors or other ways of egress, except as permitted by NFPA 101 [that reduce the required minimum clear width for a corridor in accordance with NFPA 101, 2000 Edition].

(o) A facility must keep smoke doors, fire doors, and doors to hazardous rooms in the facility closed and not prop or wedge a door open. The facility may use only approved devices to hold open a door, such as alarm-activated electromagnetic hold-open devices, as permitted by NFPA 101 [except a facility may not use any device to hold open a door to a room classified as a hazardous room].

(p) The facility must post building evacuation routes at prominent locations throughout the facility.

(q) A facility must provide approved electrical receptacles in quantity and location for the normal use of appliances in the facility.

(r) A facility must not use electrical extension cords or multi-receptacle plug-in adaptors as a substitute for approved wiring methods in the facility.

(s) A facility may use a listed and approved surge-protection device for equipment for which the manufacturer recommends surge protection, but in no case may the facility use a surge-protection device to increase the number of existing electrical outlets in a room.

(t) A facility must remove all abandoned utilities, such as electrical wiring, ducts, and pipes, from the facility when no longer in use. The facility may, however, leave an existing damper that is no longer required by NFPA 101 in-place and inoperable, if the damper is in a duct penetration of a smoke barrier in a fully ducted heating, ventilating, and air conditioning system; the damper is permanently secured in the open position; and quick-response sprinklers have been provided for the smoke compartments on both sides of the smoke barrier.

(u) In operations where there is a chance of cross-contamination, clean and soiled operations must be separated to lessen the chance of cross-contamination by facility employees, residents, and others. This separation must be in relation to traffic flow, air currents, air exhaust, water flow, vapors, and other conditions.

(v) [(u)] A facility must have and implement as necessary a fire safety plan that:

(1) includes the provisions described in the Operating Features section of [the] NFPA 101, Chapter 18 New Health Care Occupancies and Chapter 19, Existing Health Care Occupancies [Life Safety Code, 2000 Edition, Chapter 18 (for new healthcare occupancies) and Chapter 19 (for existing healthcare occupancies)] and concerning:

(A) use of alarms;

(B) transmission of alarms [alarm] to fire department;

(C) emergency phone call to fire department;

(D) [(C)] response to alarms;

(E) [(D)] isolation of fire;

(F) [(E)] evacuation of immediate area;

(G) [(F)] evacuation of smoke compartment;

(H) [(G)] preparation of floors and building for evacuation; and

(I) [(H)] extinguishment of fire;

(2) includes procedures for:

(A) conducting a fire drill on each work shift at least once per quarter with at least one fire drill conducted each month; and

(B) completing the most current version of the required HHSC form titled "Fire Drill Report" available on the HHSC website [form titled, "DADS Fire Drill Report"] for each fire drill conducted.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705003

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334


DIVISION 4. CONSTRUCTION AND INITIAL SURVEY

40 TAC §19.330

The amendment is proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The amendment implements Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.330.Construction Procedures and Initial Survey of Completed Construction.

(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 §19.350 of this subchapter (relating to Building Rehabilitation), a facility must notify HHSC in Austin, Texas, in writing. [DADS Regulatory Services Division in Austin, Texas, must be notified in writing of construction start.]

(2) All construction must be done according to the [in accordance with] minimum licensing requirements in this subchapter. It is a facility's [the sponsor's] responsibility to employ qualified personnel to prepare the contract documents for construction of a new facility or rehabilitation [remodeling] of an existing facility. Contract documents for additions and rehabilitation other than that classified as repair or renovation in §19.350 of this subchapter [remodeling ] and for the 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. 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.

[(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, but not limited to, 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[)]; a north arrow; fire hydrant locations [hydrants]; 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 [as called for in §19.332(f) of this subchapter (relating to Location and Site)].

(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, [(numbered)] including swing; windows; a legend or clarification of wall types; dimensions; fixed equipment; plumbing fixtures; [and] kitchen basic layout; and identification of all smoke barrier walls and fire walls, outside wall to outside wall. [(outside wall to outside wall) or fire walls.]

(4) For [both] new construction, [and] additions to or rehabilitation of [remodeling to] an existing building [buildings ], an overall plan of the entire building must be drawn or reduced to fit on an 8 1/2-inch [8 1/2 inch] by 11-inch [11 inch] sheet.

(5) Schedules must include door materials, sizes [widths], and types; window materials, sizes, and types; room finishes; and special hardware.

(6) Elevations [and roof plan] must include[, but is not limited to,] exterior elevations with[, including] material note indications, [and any roof top equipment, roof slopes, drains, and gas piping,] 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) [(7)] Details must include wall sections as needed, [(]especially for special conditions[)]; cabinets [cabinet] and built-in work, basic design only; cross sections through buildings as needed; and miscellaneous details and enlargements as needed.

(9) [(8)] Building structure documents must include structural framing layout and details, [(]primarily for columns, beams, joists, [column, beam, joist,] and structural frames [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 ensure [assure] adequate structural design.[, also calculated design loads.]

(10) [(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 panelboards; fire alarms [panels);] and similar systems, [(]such as control panels [panel], devices, and alarms[)]; staff communication systems, including a nurse call system; and sizes and details sufficient to ensure [assure] safe and properly operating systems.

(11) [(10)] Plumbing documents must include plumbing layout with pipe sizes and details sufficient to ensure [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.

(12) [(11)] Heating, ventilation, and air-conditioning (HVAC) documents must include sufficient details of HVAC systems and components to ensure [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; duct smoke detectors; fire dampers; and equipment types, sizes, and locations. [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 equipment types, sizes, and locations.]

(13) [(12)] Fire sprinkler system plans and hydraulic calculations[,] must be designed in accordance with the applicable sections of NFPA 13, [the National Fire Protection Association (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) [(13)] Other layouts, plans, or details that are [as may be] necessary to convey a [for 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) [(14)] Specifications must include installation techniques, quality standards, [and/or ] manufacturers, references to specific codes and standards, design criteria, special equipment, hardware, finishes [painting ], and any other information [others as] needed to amplify drawings and notes.

(16) [(15)] Fire detection and alarm system working plans must be designed according to [in accordance with] the applicable sections of NFPA 72 and NFPA 70 [the National Fire Alarm and Signaling Code, NFPA 72 and the National Electric Code, 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 §19.350 of this subchapter, [including grounds and basic equipment and furnishings,] a final construction inspection or [(]initial survey[)] of the facility, including grounds, basic equipment and furnishings, must [additions or remodeled areas, is required to] be performed by HHSC [DADS' architectural inspecting surveyor] 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. [inspector.].

(2) An applicant may obtain the [The] inspection described in paragraph (1) of this subsection [may be obtained] on an expedited basis. An applicant may obtain a Life Safety Code inspection within 15 business days after HHSC [DADS] receives a written request if the applicant submits:

(A) a complete application as required in §19.201(b) of this chapter (relating to Criteria for Licensing ) and §19.204 of this chapter (relating to Application Requirements); and

(B) the appropriate Life Safety Code fee listed in §19.220 of this chapter (relating to Expedited Life Safety Code and Physical Plant Inspection Fees).

(3) After the completed construction is [has been] surveyed and found acceptable by HHSC, [by a representative of DADS' architectural section and found acceptable,] this information is [will be] conveyed to the licensing officer as part of the information needed to issue a license to the facility. Additions to [In the case of additions] or rehabilitation [remodeling] of existing facilities may require[,] a revision or modification to an existing license [may be necessary]. The [Note that the] building, including basic furnishings and operational needs, grades, drives, parking, and grounds must be [essentially ] 100% 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. [occupancy approval and licensing , including basic furnishings and operational needs.]

(4) A copy of the following documents must be provided to HHSC [DADS' architectural inspecting surveyor] 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 [which] are required to have a specific limited fire resistance or flame spread rating, including[, but not limited to,] special wall finishes or floor coverings;[,] flame retardant curtains, [(]including cubicle curtains;[),] and fire resistance-rated [rated] ceilings. This documentation must include a signed letter from the installer verifying [that] the material installed, such as carpeting, is the same material named in the documented fire test [laboratory test document];

(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, [aboveground and underground] Contractor's Material and Test Certificates for Aboveground and Underground Piping, and [Certificate,] all literature and instructions provided by the manufacturer describing the proper operation and maintenance of all equipment and devices in accordance with [Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems,] NFPA 25;

(E) service contracts for maintenance and testing of systems, including[, but not limited to,] alarm systems and sprinkler systems;

(F) a copy of gas pressure test results of all facility [the facility's] gas lines from the meter to gas-fired equipment and appliances;

(G) a written statement from an architect or [and/or] engineer certifying [stating that he certifies that] the building was constructed to meet NFPA 101[, Life Safety Code, and] all locally applicable codes, and that the facility substantially conforms to the [is in substantial conformance with] minimum licensing requirements; and

(H) the contract documents specified in subsection (b) of this section.

(d) Non-approval [Nonapproval] of new construction.

(1) If, during the survey of completed construction, the surveyor finds [certain] basic requirements not met, HHSC [DADS] will not license the facility or approve it for occupancy. Such basic items may include the following:

(A) construction that [which] does not meet minimum code or licensure standards for basic requirements such as corridor widths that are [being] 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, [required width,] and other similar features that [which ] would disrupt or otherwise adversely affect the residents and staff if corrected after occupancy;

(B) absence of [no] written approval by local authorities;

(C) fire protection systems that are not completely installed or not functioning properly, including[, but not limited to,] fire alarm systems, emergency power and lighting, and sprinkler systems;

(D) required exits that are not [all] usable according to NFPA 101 [Life Safety Code] requirements;

(E) telephones that are [telephone] not installed or not working properly [working];

(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 [which] the surveyor, as the authority having jurisdiction, encounters that [which] 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.

(3) A facility must submit copies [Copies] of reduced size floor plans [plan] on [an] 8 1/2 inch by 11 inch sheets to HHSC [sheet must be submitted in duplicate to DADS] for record and [and/or ] file use and for the facility to use in evacuation planning and fire alarm zone identification. Plans [The plan] must contain basic legible information such as overall dimensions, room usage names, actual bedroom numbers, doors, windows, and any other pertinent information.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705004

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334


DIVISION 5. FACILITIES LICENSED ON OR BEFORE SEPTEMBER 11, 2003 AND BEFORE APRIL 2, 2018

40 TAC §§19.331 - 19.335, 19.338, 19.341

The amendments are proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The amendments implement Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.331.Construction Standards [for Additions, Remodeling, and New Nursing Facilities].

(a) This section [subchapter is written for, and] applies to a facility constructed or licensed on or after September 11, 2003, but prior to April 2, 2018.[, new construction, including conversions, additions, and remodelings.] The requirements of NFPA 101 [the Life Safety Code, Standard 101 of the National Fire Protection Association (NFPA), as required under Health and Safety Code, §242.039,] and other applicable NFPA codes and standards referenced in NFPA 101 will apply unless otherwise noted or modified in this section: [subchapter. The provisions of the chapter or subchapter and the provisions of the New Health Care Occupancies of the Life Safety Code are applicable.]

(1) Buildings that were constructed or that received design approval or building permits before July 5, 2016, must comply with the Existing Health Care Occupancies chapter of NFPA 101. All other buildings covered by this section must comply with the New Health Care Occupancies chapter of NFPA 101. [Life Safety Code, NFPA 101, is a registered trademark of the National Fire Protection Association, Inc., Quincy, Massachusetts 02269.]

[(2) The definitions listed in §19.101 of this title (relating to Definitions) also apply to this subchapter.]

(2) [(3)] In addition to NFPA 101 [the Life Safety Code] and the standards referenced therein, a facility covered by this division [subchapter] is subject to the codes, standards, and requirements established by the following: UL; ASHRAE; and ASTM. [Underwriters Laboratories, Inc.; the American National Standards Institute, Inc. (ANSI); the National Electrical Code (NFPA 7O); the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) and the American Society for Testing Materials (ASTM). Various references to these entities will be made throughout these sections.]

(b) All applicable local, state, or national codes and ordinances must be met as determined by the authority having jurisdiction for those codes and ordinances and by HHSC [the Texas Department of Human Services (DHS)]. Any conflicts must be made known to HHSC [DHS Long Term Care-Regulatory office] for appropriate resolution.

(c) The design of structural systems must be done by or under the direction of a professional engineer who is currently licensed [registered] by the Texas [State] Board of [Registration For] Professional Engineers.

[(d) If an existing licensed facility plans building additions or remodeling which includes construction of additional resident beds, then the ratio of bathing units must be reevaluated to meet minimum standards and the square footage of dining and living areas must be reevaluated by DHS at 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 dietary department must be evaluated by the facility's registered or licensed dietitian or architect having knowledge in the design of food service operations. This evaluation must be provided to DHS.]

[(e) No building may be occupied by residents prior to inspection and approval to occupy by DHS.]

[(f) The words "shall" or "must" are requirements. The word "should" is a recommendation which is expected to be followed unless there is valid reason not to do so.]

(d) [(g)] Nothing in this division [§§19.332-19.343 of this subchapter ((relating to Location and Site, General Considerations, Architectural Space Planning and Utilization, Exit Provisions, Smoke Compartmentation (Subdivision of Building Spaces), Fire Protection Systems, Hazardous Areas, Structural Requirements, Mechanical Requirements, Electrical Requirements, Miscellaneous Details, and Elevators))] may be construed as prohibiting a better type of building or construction, more space, services, features, or greater degree of safety than the minimum requirements.

§19.332.Location and Site.

(a) [Site approval is normally required of the local building department and fire marshal having jurisdiction.] Any conditions considered to be a fire, safety, or health hazard will be grounds for disapproval of a [the] site by HHSC. [the Texas Department of Human Services (DHS).] New facilities may not be built in an area designated as a floodplain of 100 years or less.

(b) Site grades must provide for positive surface water drainage so that there will be no ponding or standing water on the designated site. This does not apply to local government requirements for engineered controlled run-off holding ponds.

[(c) A new building (or addition) must be set back at least 10 feet from the property lines except as otherwise approved by DHS.]

(c) [(d)] Exit doors from the building must not open directly onto a drive for vehicular traffic, but must be set back at least six feet from the edge of the drive, [(]measured from the end of the building wall in the case of a recessed door,[)] to prevent accidents due to lack of visual warning.

(d) [(e)] Walks must be provided as required from all exits and must be of non-slip surfaces free of hazards. Walks must be at least 48 inches wide except as otherwise approved. Ramps should be used in lieu of steps where possible for individuals with a disability [the handicapped] and to facilitate bed or wheelchair removal in an emergency.

(e) [(f)] Outdoor activity, recreational, and sitting spaces must be provided and appropriately designed, landscaped, and equipped. Some shaded or [and/or] covered outside areas are needed. These areas must be designed to accommodate residents in wheelchairs.

(f) [(g)] Each facility must have parking space to satisfy the needs of residents, employees, staff, and visitors. In the absence of a formal parking study, each facility must provide for a ratio of at least one parking space for every four beds in the facility. This ratio may be reduced slightly in areas convenient to public parking facilities. Space must be provided for emergency and delivery vehicles. No parking space may block or inhibit egress from the outside exit doors. Parking spaces and drives must be at least ten feet away from windows in bedrooms, dining, and living areas.

(g) [(h)] Barriers must be provided for resident safety from traffic or other site hazards by the use of appropriate methods such as fences, hedges, retaining walls, railings, or other landscaping. These barriers must not inhibit the free emergency egress to a safe distance away from the building.

[(i) Open or enclosed courts with resident rooms or living areas opening upon them must not be less than 20 feet in the smallest dimension unless otherwise approved by DHS. Exceptions would be as follows:]

[(1) Nonparallel wings forming an acute angle may have a maximum of two windows each side less than 20 feet but not less than ten feet.]

[(2) Windows may be separated by a distance equal to the depth of the court but not less than ten feet.]

[(3) For unusual or unique site conditions, courts with resident rooms opening upon them on one side only must be not less than ten feet in the smallest dimension, provided that the opposite wing does not contain a hazardous area, and the wall has no openings which could permit fire to reach the resident room side.]

(h) [(j)] Auxiliary buildings located within 20 feet of the main building [and which contain hazardous areas such as laundry and storage buildings] must meet the applicable NFPA 101 [Life Safety Code] requirements for separation and construction.

(i) [(k)] Other buildings on the site must meet the appropriate occupancy section or separation requirements of NFPA 101 [the Life Safety Code].

(j) [(l)] Fire service and access must be as follows:

(1) The facility must be served by a paid or volunteer fire department. The fire department must provide written assurance to HHSC [DHS] that the fire department can respond to an emergency at the facility within an appropriately prompt time for the travel conditions involved.

(2) The facility must be served by an adequate water supply that is satisfactory and accessible for fire department use as determined by the fire department serving the facility and by HHSC [DHS].

(3) There must be at least one readily accessible fire hydrant located within 300 feet of the building. The hydrant must be on a minimum six inch service line, or else there must be an approved equivalent, such as a storage tank. The hydrant, its location, and service line, or equivalent must be as approved by the local fire department and HHSC [DHS].

(4) The building must have suitable all-weather fire lanes for access as required by local fire authorities and HHSC [DHS]. As a minimum, there must be access to two sides of the building by an all-weather lane [at least ten feet wide. Fire lanes must have at least 14 feet in clearance width above grade (two feet each side of the ten-foot roadbed,) and be kept free of obstructions at all times. All-weather access lanes must be no less than a properly constructed gravel lane].

(k) Enclosed exterior spaces, such as fenced areas, that are in a means of egress to a public way must meet the requirements of §19.2208(a)(6) of this chapter (relating to Standards for Certified Alzheimer's Facilities).

§19.333.General Considerations.

(a) Services. Nursing facilities must either contain the elements described in this section or the facility [provider ] must indicate the manner in which the needed services are to be made available. [Each element provided in the facility must comply with the requirements of this subchapter.] Appropriate modifications or deletions in space requirements may be made when services are shared or purchased.

(b) Sizes. The sizes of the various departments will depend upon program requirements and organization of services within the facility. Some functions requiring separate spaces or rooms in these minimum requirements may be combined provided that the resulting plan will not compromise the best standards of safety and of medical and nursing practices.

(c) Shared or combined services. Nursing facilities may be operated together with hospitals and may share administration, food service, recreation, janitor service, and physical therapy facilities, but must [otherwise] have clearly identifiable physical separations such as a separate wing or floor. Nursing facilities with different levels of care will require identifiable physical separations. Combined attendant or nurses' [nurse] stations and medication room areas will require some separating construction features.

(d) Exterior finishes. Unless otherwise approved by HHSC [the Texas Department of Human Services (DHS)], the exterior finish material of buildings classified [(per the National Fire Protection Association (NFPA 220))] as fire resistive or protected noncombustible construction, per NFPA 220, must have a flame spread index no greater than 25 and a smoke developed index no greater than 450, when tested in accordance with ASTM E84 or UL 723. All other exterior materials must have a flame spread index no greater than 75 and a smoke developed index no greater than 450. [must be Class A in the Life Safety Code. All others must be Class A or B in the Life Safety Code.] Items of trim may be of combustible material subject to approval by HHSC. Roof covering assemblies must have a Class A or Class B rating, when tested in accordance with ASTM E108 or UL 790. [DHS. Roofing must be Underwriter Laboratories listed as Class A or B.]

[(e) Interior finishes.]

[(1) Interior finish of walls, ceilings, and floors must meet the Life Safety Code] requirements for new construction.]

[(2) Documentation of finishes, including, but not limited to, copies of lab test reports and material labels is required.]

[(f) Corridor travel distance. Corridor travel from the nurse station to the farthest resident room must assure prompt service to the resident. The normal travel for nursing efficiency is considered to be not over 85 feet and must not exceed 150 feet.]

(e) [(g)] Accessibility for individuals with disabilities. The facility must comply with accessibility requirements [meet the provisions and requirements concerning accessibility] for individuals with disabilities in the revised regulations for Title II and III of [following laws:] the Americans with Disabilities Act at CFR Part 35 and Part 36, also known as the 2010 ADA Standards for Accessible Design and the TAS adopted by the Texas Department of Licensing and Regulation (TDLR) rules at 16 TAC Chapter 68. A facility must register plans [of 1990 (Public Law 101-336; Title 42, United States Code, Chapter 126); Title 28, Code of Federal Regulations, Part 35 Texas Civil Statutes, Article 9102; and Title 16, Texas Administrative Code, Chapter 68. Plans] for new construction, substantial renovations, modifications, and alterations with TDLR, Attn: Elimination of Architectural Barriers Program, and comply with TAS. [must be submitted to the Texas Department of Licensing and Regulation (Attn: Elimination of Architectural Barriers Program) for accessibility approval under Texas Civil Statutes, Article 9102.]

[(h) Handrails. Handrails must be provided on each side of all resident-use corridors. Handrails for other areas should be provided as needed to facilitate resident movement or egress. Design of handrails must be in accordance with the American National Standards Institute (ANSI) A117.1. These handrails may extend into the minimum required corridor width without widening the corridor (that is, in an eight-foot-wide corridor, handrails may project up to 3 1/2 inches on each side). Reference §19.342(a)(8) and (9) of this title (relating to Miscellaneous Details) for handrail details.]

§19.334.Architectural Space Planning and Utilization.

(a) Resident bedrooms. Each resident bedroom must meet the following requirements:

(1) The maximum room capacity must be four residents.

(2) No more than 25% of the total licensed beds may be in bedrooms with more than two beds each.

(3) Minimum bedroom area, excluding toilet rooms, closets, lockers, wardrobes, alcoves, or vestibules, must be 100 square feet in single occupancy rooms and 80 square feet per bed in multi-bed rooms.

(4) The minimum allowable room dimension is ten feet. The room must be designed to provide at least 36 inches between beds and 24 inches between any bed and the adjacent [(parallel)] wall.

(5) Each room must have at least one operable outside window arranged and located so that it can be easily opened from the inside without the use of tools or keys. The maximum allowable sill height [(to opening)] must not exceed 36 inches above the floor. All operable [operative] windows must have insect screens. The minimum area of a window [window(s) ] in each bedroom must equal at least 16 square feet or 8.0% of the room area, whichever is larger. Operable window sections may be restricted to not more than six nor less than four inches for security or safety reasons.

(6) Each room must have general lighting, wall-mounted bed reading lights, and night lighting. The night light must be switched just inside the entrance to each resident room with a silent type switch unless otherwise approved by HHSC [the Texas Department of Human Services (DHS)]. The light providing general illumination must be switchable at the door of the resident room for use of staff and residents. A durable non-glare [nonglare (opaque front panel)] reading light with an opaque front panel securely anchored to the wall, integrally wired, must be provided for each resident bed. The switch must be within reach of a resident in the bed.

(7) Two duplex or a fourplex grounding type receptacles must be provided beside the head of each bed. Other walls must have duplex receptacles to accommodate items such as [needed for] TV, radio, razors, hairdryers, clocks, and [and/or ] as required by NFPA 70 [the National Electrical Code, National Fire Protection Association (NFPA 70), which is a registered trademark of the National Fire Protection Association, Inc., Quincy, Massachusetts 02269].

(8) Each resident must have access to a toilet room without entering the general corridor area. One toilet room must serve no more than two resident rooms. The toilet room must contain a water closet and a lavatory. The lavatory may be omitted from a toilet room which serves two bedrooms if each resident room contains a lavatory. [See subsection (c)(1) of this section for baths and other toilet facility requirements.]

(9) Each resident must have a bed with a comfortable mattress, a bedside stand with at least two enclosed storage spaces, a dresser, and closet or wardrobe space providing privacy for clothing and personal belongings. Clothes storage space must provide at least 22 inches of lineal hanging space per bed and have closable doors. Chairs and space must be provided for use by residents and [and/or] visitors.

(10) Each room must open onto an exit corridor and must be arranged for convenient resident access to dining, living, and bathing areas.

(11) Visual privacy [(]such as cubicle curtains[)] must be available for each resident in multi-bed rooms. Design for privacy must not restrict resident access to entry, lavatory, or toilet, nor may it restrict bed evacuation or obstruct sprinkler flow coverage.

(12) At least one noncombustible wastebasket must be provided in each bedroom.

(13) See the requirements in §19.341(d)(4) of this subchapter (relating to Electrical Requirements) for nurse call systems.

(14) Bedrooms must be identified with a raised or recessed unique number placed on or near the door. Refer to §19.333(g) of this subchapter (relating to General Considerations).

(15) Locks on bedroom doors are permitted when they meet definite resident needs.

(A) Situations in which locking may be necessary include the following:

(i) married couples whose rights of privacy could be infringed upon unless bedroom door locks are permitted;

(ii) residents for whom the attending physician wants bedroom door locks to enhance the residents' sense of security; and

(iii) residents for whom restraint through confinement to their own rooms is necessary for their own or other persons' safety.

(B) In situations such as those listed in subparagraph (A) of this paragraph, the following guidelines must be met:

(i) bedroom door locks for other than restraining purposes must be of the type which the occupant can unlock at will from inside the room;

(ii) all bedroom door locks must be of the type which can be unlocked from the corridor side;

(iii) attendants must carry keys which will permit ready access to the locked bedrooms when entrance becomes necessary;

(iv) bedroom doors which are locked for resident restraining purposes must be dutch doors, with only the lower section locked. The upper part of the doorway must be open to permit visual supervision of the residents from the corridor. The dutch door must be easily unlocked by nurses and attendants. Resident restraints of any nature cannot be applied without orders from the attending physician.

(v) locking of bedroom doors by residents for privacy or security or by nursing facility staff for restraint will not be permitted except when specifically included in the attending physician's written orders or authorized by the nursing facility administrator.

(16) Vacant bedrooms must not be used for hazardous activities or hazardous storage, unless specifically approved by HHSC in writing.

(b) Nursing service areas. The service areas described in this subsection must be located in or readily available to each nursing unit. The size and disposition of each service area will depend upon the number and types of beds to be served. Each service area may be arranged and located to serve more than one nursing unit, but at least one service area must be provided on each nursing floor. The maximum allowable distance from a resident room door to a nurses' [nurse] station is 150 feet. The following requirements are applicable to services areas:

(1) Nurses' [Nurse] stations must be provided with space for nurses' charting, doctors' charting, and storage for administrative supplies. Nurses' [Nurses] stations must be located to provide a direct view of resident corridors. A direct view of resident corridors is acceptable if a person can see down the corridors from a point within 24 inches of the outside of the nurses' [nurse] station counter or wall. When a nurses' station does not provide a direct view of resident corridors, an auxiliary station complying with the following guidelines must be provided.

(A) The auxiliary station must be staffed by nursing personnel during all shifts.

(i) More than one auxiliary station may be assigned to a designated nurses' station, regardless of the distance between stations.

(ii) The nurse call system for resident corridors monitored by the auxiliary station must report to the auxiliary station.

(iii) Each auxiliary station must meet the emergency electrical requirements for a nurses' station, including electrical receptacles and emergency lighting.

(iv) If a required auxiliary station does not already exist and the facility must establish a new auxiliary station, all applicable standards, particularly those pertaining to the physical plant and NFPA 101, must be observed.

(B) In addition to the required normal and emergency illumination, the facility must keep on hand and readily available to night staff no less than one working flashlight at each nurses' station.

(2) Lounge and toilet room [room(s)] must be provided for nursing staff.

(3) Lockers or [and/or] security compartments must be provided for the safekeeping of personal effects of staff. These must be located convenient to the duty station of personnel or in a central location.

(4) Clean utility room [room(s)] must contain a work counter, sink with high-neck faucet with lever controls, and storage facilities and must be part of a system for storage and distribution of clean and sterile supply materials.

(5) Soiled utility room [room(s)] must contain a water closet or equivalent flushing rim fixture, a sink large enough to submerge a bedpan with spray hose and high-neck faucet with lever controls, work counter, waste receptacle, and linen receptacle. These utility rooms must be part of a system for collection and cleaning or disposal of soiled utensils or materials. A separate hand-wash [handwash] sink must be provided if the bedpan disinfecting sink cannot normally be used for hand-washing [handwashing].

(6) Provision must be made for convenient and prompt 24-hour distribution of medication to residents. The medication preparation room must be under the nursing staff's visual control and contain a work counter, refrigerator, sink with hot and cold water, and locked storage for biologicals and drugs and must have a minimum area of 50 square feet. The minimum dimension allowed is five feet six inches. An appropriate air supply must be provided to maintain adequate temperature and ventilation for safe storage of medications. For purposes of storage of unrefrigerated medications, the room temperature must be maintained between 59 degrees and 86 degrees Fahrenheit [F].

(7) Provision must be made for separate closets or room for clean linens. Corridors must not be used for folding or cart storage. Storage rooms must be located and distributed in the building for efficient access to bedrooms.

(8) Soiled linen rooms must be provided as required in subsection (l) of this section.

(9) Nourishment stations are [A nourishment station(s) is] usually required in all but the smaller facilities and must contain a sink equipped for hand-washing [handwashing ], equipment for serving nourishment between scheduled meals, refrigerator, and storage cabinets. Ice for residents' service and treatment must be provided only by icemaker units. This station may be furnished in a clean utility room.

(10) An equipment storage room must be provided for equipment such as intravenous stands, inhalators, air mattresses, and walkers.

(11) Parking spaces for stretchers and wheelchairs must be located out of the path of normal traffic.

(c) Residents' bathing and toilet facilities. The following requirements are applicable to bathing and toilet facilities:

(1) Bathtubs or showers must be provided at the rate of one for each 20 beds which are not otherwise served by bathing facilities within residents' rooms. At least one bathing unit must be provided in each nursing unit. Each tub or shower must be in an individual room or enclosure which provides space for the private use of the bathing fixture, for drying and dressing, and for a wheelchair and an attendant. Each general-use bathing room [(those not directly serving adjoining bedrooms)] must be provided with at least one water closet, [(]in a stall, room, or area for privacy,[)] and one lavatory. A [These] bathing room [room(s)] must be located conveniently to the bedroom area it serves and must not be more than 100 feet from the farthest bedroom. See requirements in subsection (a)(8) of this section for resident toilets at bedrooms. [Each facility must provide at least one whirlpool tub unit as one of the required bathing units.]

(2) At least 50% of bathrooms and toilet rooms, fixtures, and accessories must be designed and provided to meet criteria under the Americans with Disabilities Act of 1990 for individuals with disabilities unless otherwise approved by HHSC [DHS].

(3) All rooms containing bathtubs, sitz baths, showers, and water closets, subject to occupancy by residents, must be equipped with swinging doors and hardware which will permit access from the outside in any emergency.

(4) Bathing areas must be provided with safe and effective auxiliary or supplementary heating. Bathing areas must be free of drafts and must have adequate exhaust ducted to the outside to minimize excess moisture retention and resulting mold and mildew problems.

(5) Tubs and showers must be provided with slip-proof bottoms.

(6) Lavatories and hand-washing [handwashing ] facilities must be securely anchored to withstand an applied downward load of not less than 250 pounds on the front of the fixtures.

(7) Provision must be made for sanitary hand drying and toothbrush storage at lavatories. There must be paper towel dispensers or separate towel racks and separate toothbrush holders.

(8) Mirrors must be arranged for convenient use by residents in wheelchairs as well as by residents in a standing position, and the minimum size must be 15 inches in width by 30 inches in height, or tilt type.

(9) Rooms with toilets must be provided with effective forced air exhaust ducted to the exterior to help remove odors. Ducted manifold systems are recommended for some multiple-type installations.

(10) Floors, walls, and ceilings must have nonabsorbent surfaces, be smooth, and easily cleanable.

(d) Disposal facilities. A policy and procedure for the safe and sanitary disposal of special waste must be provided. Space and facilities must be provided for the sanitary storage of waste by incineration, mechanical destruction, compaction, containerization, removal, or by a combination of these techniques.

(e) Resident living areas. The following requirements are applicable to resident living areas:

(1) Social-diversional spaces such as living rooms, dayrooms, lounges, sunrooms, must be provided on a sliding scale as follows:

Figure: 40 TAC §19.334(e)(1)(No change.)

(2) Where a required way of exit [(]or a service way[)] is through a living [(]or dining[)] area, a pathway equal to the corridor width will normally be deducted for calculation purposes and discounted from that area. These exit pathways must be kept clear of obstructions.

(3) Each resident living room and dining room must have at least one outside window. The window area must be equal to at least 8.0% of the total room floor area. Sky-lighting [Skylighting] may be used to fulfill one-half of the 8.0% minimum area.

[(4) See §19.331(d) of this subchapter (relating to Construction Standards for Additions, Remodeling, and New Nursing Facilities) for capacity increases to existing facilities.]

(4) [(5)] Open or enclosed seating space must be provided within view of the main nurse station that will allow furniture or wheelchair parking that does not obstruct the corridor way of egress.

(f) Dining space. Dining space must be adequate for the number of residents served, but not [no] less than ten square feet per resident bed. [See §19.331(d) of this subchapter (relating to Construction Standards for Additions, Remodeling, and New Nursing Facilities) for bed capacity increases to existing facilities.]

(g) Dietary facilities. The following requirements are applicable to dietary facilities:

(1) Main or dietary kitchens [(main/dietary) ] must be as follows:

(A) Kitchens will be evaluated on the basis of their performance in the sanitary and efficient preparation and serving of meals to residents. Consideration will be given to planning for the type of meals served, the overall building design, the food service equipment, arrangement, and the work flow involved in the preparation and delivery of food. Plans must include a large-scale detailed kitchen layout designed by a registered or licensed dietitian or architect having knowledge in the design of food service operations.

(B) Kitchens must be designed so that room temperature at summertime peak load [(summertime)] will not exceed a temperature of 85 degrees Fahrenheit measured over the room at the five-foot level. The amount of supply air must take into account the large quantities of air that may be exhausted at the range hood and dishwashing area.

(C) Operational equipment must be provided as planned and scheduled by the facility consultants for preparing and serving meals and for refrigerating and freezing of perishable foods, as well as equipment in, or [and/or] adjacent to, the kitchen or dining area for producing ice.

(D) Facilities for washing and sanitizing dishes and cooking utensils must be provided. These facilities must be designed based on the number of meals served and the method of serving, that is, use of permanent or disposable dishes. As a minimum, the kitchen must contain a multi-compartment sink large enough to immerse pots and pans. In all facilities, a mechanical dishwasher is required for washing and sanitizing dishes. Separation of soiled and clean dish areas must be maintained, including air flow.

(E) A vegetable preparation sink must be provided, and it must be separate from the pot sinks.

(F) A supply of hot and cold water must be provided. Hot water for sanitizing purposes must be 180 degrees Fahrenheit or the manufacturer's suggested temperature for chemical sanitizers. For mechanical dishwashers the temperature measurement is at the manifold.

(G) A kitchen must be provided with a hand-washing lavatory in the food preparation area with hot and cold water, soap, paper towel dispenser, and waste receptacle. The dish room area must have ready access to a hand-washing [handwashing] lavatory.

(H) Staff rest room facilities with lavatory must be directly accessible to kitchen staff without traversing resident use areas. The rest room door must not open directly into the kitchen, [(]that is, provide a vestibule[)].

(I) Janitorial facilities must be provided exclusively for the kitchen and must be located in the kitchen area.

(J) Nonabsorbent smooth finishes or surfaces must be used on kitchen floors, walls, and ceilings. These surfaces must be capable of being routinely cleaned and sanitized to maintain a healthful environment. Counter and cabinet surfaces, inside and outside, must also have smooth, cleanable, relatively nonporous finishes.

(K) Operable windows must have insect screens provided.

(L) Doors between kitchen and dining or serving areas must have a safety glass view panel.

(M) A garbage can or cart washing area with drain and hot water must be provided.

(N) Floor drains must be provided in the kitchen and dishwashing areas.

(O) Vapor removal from cooking equipment must be designed and installed in accordance with NFPA 96.

(P) Grease traps must be provided in compliance with local plumbing code or other nationally recognized plumbing code.

[(Q) See §19.331(d) of this subchapter (relating to Construction Standards for Additions, Remodeling, and New Nursing Facilities) for bed capacity increases to existing facilities.]

(2) Food storage areas must be as follows:

(A) Food storage areas must provide for storage of a seven-day minimum supply of nonperishable foods at all times.

(B) Shelves must be adjustable wire type. Walls and floors must have a nonabsorbent finish to provide a cleanable surface. No foods may be stored on the floor; dollies, racks, or pallets may be used to elevate foods not stored on shelving.

(C) Dry foods storage must have an effective venting system to provide for positive air circulation.

(D) The maximum room temperature for food storage must not exceed 85 degrees F at any time. The measurement must be taken at the highest food storage level but not less than five feet from the floor.

(E) Food storage areas may be located apart from the food preparation area as long as there is space adjacent to the kitchen for necessary daily usage.

(3) Auxiliary serving kitchens [(]not contiguous to food preparation or serving [food preparation/serving] area[)] must be as follows:

(A) Where service areas other than the kitchen are used to dispense foods, these must be designated as food service areas and must have equipment for maintaining required food temperatures while serving.

(B) Separate food service areas must have hand-washing facilities as a part of the food service area.

(C) Finishes of all surfaces, except ceilings, must be the same as those required for dietary kitchens or comparable areas. See paragraph (1)(J) of this subsection.

(h) Administrative and public areas.

(1) The following elements must be provided in the public area:

(A) The entrance must be at grade level, sheltered from the weather, and able to accommodate wheelchairs. A drive-under canopy must be provided for the protection of residents or visitors entering or leaving a vehicle. The latter may be a secondary entrance.

(B) The lobby must include:

(i) storage space for wheelchairs [(]if more than one is kept available[)];

(ii) a reception or [and/or] information area, which may be adjacent to the lobby if location is obvious [(may be obviously adjacent to lobby)];

(iii) waiting space [space(s)];

(iv) public toilet facilities for individuals with disabilities, which [(]may be adjacent to lobby[)];

(v) at least one public access telephone [telephone(s)], installed to meet standards under the Americans with Disabilities Act; and

(vi) drinking fountains [fountain(s)]. These may be provided in a common public area and at least one must be installed to meet standards under the Americans with Disabilities Act; and

(C) A lobby may also be use-designed to satisfy a portion of the minimum area required for resident living room space.

(2) The following must be provided in the administrative area:

(A) General or individual offices [office(s) ] for business transactions, medical and financial records, administrative and professional staff, and for private interviews relating to social service, credit, and admissions.

(B) A multipurpose room for conferences, meetings, and health education purposes including facilities for showing visual aids.

(C) Storage and work area for office equipment and supplies must be provided and accessible to the staff using such items.

(3) Toilet facilities for the disabled must be available in the building.

(i) Physical therapy facilities.

(1) Physical therapy facilities must be provided if required by the treatment program. The facilities stated in subparagraph (B) of this paragraph and paragraph (2)(C)-(E) of this subsection may be planned and arranged for shared use by occupational therapy residents and staff if the treatment program reflects this sharing concept. Physical therapy facilities must include the following:

(A) Provision for privacy at [cubicle curtains around] each individual treatment area.[;]

(B) Hand-washing facilities and [handwashing facility(ies) (]one lavatory or sink may serve more than one cubicle.[); and]

(C) Facilities [facilities] for the collection of soiled linen and other material that may be used in the therapy.

(D) [(B)] Residents' dressing areas, showers, lockers, and toilet rooms, if the therapy is such that these would be needed at the area.

(2) Physical therapy facilities may also include the following:

(A) treatment areas [area(s)] with space and equipment for the therapies provided [thermotherapy, diathermy, ultrasonics, and hydrotherapy];

(B) an exercise area;

(C) storage for clean linen, supplies, and equipment used in therapy;

(D) service sink located near therapy area; and

(E) wheelchair and stretcher storage.

(j) Occupational therapy. Occupational therapy facilities must be provided if required by the treatment program.

(1) An activities area with a sink or lavatory and facilities for collection of waste products prior to disposal must be provided.

(2) Storage for supplies and equipment used in the therapy must be provided.

(k) Personal grooming area, such as a barber or beauty [(barber/beauty] shop[)]. A separate room with appropriate equipment must be provided for hair care and grooming needs of residents in facilities with over 60 beds.

(l) Laundry and linen services.

(1) On-site processing must be as follows:

(A) Because of the high incidence of fires in laundries, it is highly recommended that the laundry be in a separate building 20 feet or more from the main building. If the laundry is located within the main building it must be separated by minimum one-hour fire construction to structure above, and sprinklered, and must be located in a remote area away from resident sleeping areas. Access doors must be from an [the exterior or] interior nonresident use area, such as a service corridor, that [(not required exit) which] is separated from the resident area, or from the exterior.

(B) If linen is to be processed on the site, the following must be provided:

(i) A soiled linen receiving, holding, and sorting room with a rinse sink. This area must have a floor drain and forced exhaust to the exterior which must operate at all times there is soiled linen being held in the area.

(ii) A laundry processing room with equipment which can process seven days needs within a regularly scheduled work week. Hand-washing facilities must be provided. The washer area must have:

(I) a floor drain;

(II) storage for laundry supplies;

(III) a clean linen inspection and mending room or area and a folding area;

(IV) a clean linen storage, issuing, or holding room or area;

(V) a janitors' closet containing a floor receptor or service sink and storage space for housekeeping equipment and supplies; and

(VI) sanitizing and [(]washing[)] facilities and a storage area for carts.

(C) Soiled and clean operations must be planned to maintain sanitary flow of functions as well as air flow. If carts containing soiled linens from resident rooms are not taken directly to the laundry area, intermediate holding rooms must be provided and located convenient to resident bedroom areas.

(D) Laundry areas must have adequate air supply and ventilation for staff comfort without having to rely on opening a door that is part of the fire wall separation.

(E) Provisions must be made to exhaust heat from dryers and to separate dryer make-up air from the habitable work areas of the laundry.

(2) For off-site linen processing, the following must be provided on the premises:

(A) a soiled linen holding room [(]provided with adequate forced exhaust ducted to the exterior[)];

(B) clean linen receiving, holding, inspection, sorting or folding, and storage rooms [room(s)]; and

(C) sanitizing facilities and storage area for carts.

(3) Resident-use laundry, if provided, must be limited to not more than one residential type washer and dryer per laundry room. This room must be classified as a hazardous area according to NFPA 101 [as in accordance with the Life Safety Code].

(m) General storage. The following requirements are applicable to general storage facilities:

(1) A general storage room [room(s)] must be provided as needed to accommodate the facility's needs. It is recommended that a general storage area provide at least two square feet per resident bed. This area would be for items such as extra beds, mattresses, appliances, and other furnishing and supplies.

(2) Storage space with provisions for locking and security control should be provided for residents' personal effects which are not kept in their rooms.

(n) Janitors' closet. In addition to the janitors' closet called for in certain departments, a sufficient number of janitors' closets must be provided throughout the facility to maintain a clean and sanitary environment. These must contain a floor receptor or service sink and storage space for housekeeping equipment and supplies.

(o) Maintenance, engineering service, and equipment areas. Space and facilities for adequate preventive maintenance and repair service must be provided. The following spaces are needed and it is suggested that these be part of a separate laundry building or area:

(1) A storage area for building and equipment maintenance supplies, tools, and parts must be provided.

(2) A space for storage of yard maintenance equipment and supplies, including flammable liquids bulk storage, must be provided separate from the resident-occupied facility.

(3) A maintenance and [and/or] repair workshop of at least 120 square feet and equipment to support usual functions is recommended.

(4) A suitable office or desk space for the maintenance staff [person(s)] is recommended, [(]possibly located within the repair shop area,[)] with space for catalogs, files, and records.

(p) Oxygen. The storage and use of oxygen and equipment must meet applicable NFPA standards for oxygen, including NFPA 99.

§19.335.Exit Provisions.

Exit provisions, including doors, corridors, stairways, and other exit-ways [exitways], locks, and other applicable items must conform to the requirements of NFPA 101 [the Life Safety Code] concerning means of egress and of this section in order to ensure [assure] that residents can be rapidly and easily evacuated from the building at all times, or from one part of the building to a safe area of refuge in another part of the building. Exit provisions are as follows:

(1) Bedroom space arrangement and doors and corridors must be designed for evacuation of bedfast residents by means of rolling the bed to a safe place in the building or to the outside.

(2) Public assembly, common living rooms, dining rooms, and other rooms with a capacity of 50 or more persons or greater than 1,000 square feet must have two means of exit remote from each other. Out-swinging [Outswinging] doors with panic hardware must be provided for these exits.

(3) Exit doors and ways of egress must be maintained clear and free for use at all times, except as permitted by NPFA 101. Furnishings, equipment, carts, and other obstacles must not be left to block egress at any time.

(4) Steps in interior ways of egress are prohibited. If changes of elevation are necessary within ways of egress, approved ramps with maximum slope of [1:12 (]one unit of rise to 12 units of run[)] must be used.

[(5) Any remodeling of, construction on, and/or additions to occupied buildings which involve exitways and exit doors must be accomplished without compromising the exits or creating a dead end situation at any time. Acceptable alternate temporary exits may be approved, or resident(s) in the area involved may have to be relocated until construction blocking the exit is completed. Other basic safety features such as fire alarms, sprinkler systems, and emergency power must also remain operational.]

(5) [(6)] Doors in means of egress must be as follows:

(A) Locking hardware or devices which are capable of preventing or inhibiting immediate egress must not be used in any room or area that can be occupied.

(B) A latch or other fastening device on an exit door must be provided with a knob, handle, panic bar, or similar releasing device. The method of operation must be obvious in the dark, without use of a key, and operable by a well known one-action operation that will easily operate with normal pressure applied to the door or to the device toward the exterior. Locking hardware which prevents unauthorized entry from the outside [(only)] is permissible. Self-closing devices and permanently mounted hold-open devices to expedite emergency egress and prevent accidental lock-out must be provided for exterior exit doors. [Permanently mounted hold-open devices to expedite emergency egress and prevent accidental lock-out must be provided for exterior exit doors as well as self-closing devices.]

(C) No screen or storm door may swing against the direction of exit travel where main doors are required to swing out.

(D) To aid in control of wandering residents, buzzers or other sounding devices may be used to announce the unauthorized use of an exit door. Other methods include approved emergency exit door locks or fencing with a gate outside of exit doors which enclose a space large enough to allow the space to be an exterior area of egress and refuge away from the building.

(E) Inactive leaves of double doors may have easily accessible and easily operable bolts if the active leaf is 44 inches wide, where permitted by NFPA 101. Center mullions are prohibited.

(F) Resident baths or toilets having privacy locks will require that keys or devices for opening the doors are kept readily available to the staff.

(G) Folding [accordion or sliding] doors must not be used in exit corridors or exit-ways [exitways ]. Sliding [glass] doors, where permitted by NFPA 101, may be used as secondary doors from residents' bedrooms to grade or to a balcony, or [as secondary doors] in certain other areas, where permitted by NFPA 101 [where the primary designated exit door requirements are met. Doors to bathroom and other resident-use areas must be the side-hinged swinging type]. Corridor doors to rooms must swing into the room or be recessed so as not to extend into the corridor when open; however, doors ordinarily kept closed may be excepted. [Corridor door frames must be steel in accordance with Life Safety Code.]

(6) [(7)] Horizontal exits, if provided, must be according to NFPA 101 [the Life Safety Code].

(7) [(8)] Areas outside of exterior exit doors [(exit discharge)] must be as follows:

(A) Provision must be made to accommodate and facilitate continuation of emergency egress away from a building for a reasonable distance beyond the outside exit door, especially for movement of non-ambulatory [nonambulatory] residents in wheelchairs and beds. Any condition which may retard or halt free movement and progress outside the exit doors will not be allowed. Ramps must be used outside the exit doors in lieu of steps whenever possible.

(B) The landing outside of each exit door must be essentially the same elevation as the interior floor and level for a distance equal to the door width plus at least four feet. Generally, the difference in floor elevation at an exterior door must not be over 1/2 inch with the outside slope not to exceed 1/4 inch per foot sloping away from the door for drainage on the exterior. In locations north of the +20 Fahrenheit Isothermal Line as defined in the [American Society of Heating, Refrigerating, and Air-Conditioning Engineers (]ASHRAE[)] Handbook of Fundamentals, the landing outside of all exit doors must be protected from ice build-up which would prohibit the door from opening or would [and] be a slip hazard.

(C) Emergency egress lighting immediately outside of exit doors is required as a part of the building emergency lighting system. Photocell devices may be used to turn lights off during daylight hours.

(8) [(9)] The requirements of an emergency lighting system must be in accordance with §19.341 of this division [subchapter] (relating to Electrical Requirements).

[(10) Requirements for interior finishes of ways of egress (flame spread of floor, walls, and ceiling finishes) must be in accordance with the Life Safety Code. The interior finishes of other areas must be in accordance with §19.333(e) of this title (relating to General Considerations).]

§19.338.Hazardous Areas.

(a) Protection from hazardous areas must be as required in NFPA 101 [the Life Safety Code], except as required or modified in this section. Gas-fired [Gas fired] equipment must not be located in attic spaces, except under the following conditions:

(1) the area around the units must be constructed to be one-hour fire rated;

(2) the enclosure must have sprinkler protection; and

(3) combustion and venting air must be ducted from the exterior in properly sized metal ducts.

(b) Laboratories must be protected according to NFPA 99 [in accordance with the National Fire Protection Association (NFPA) 99].

(c) Cooking equipment must be protected according to NFPA 101 [have exhaust systems designed and installed in accordance with NFPA 96].

(d) Doors to hazardous areas must have closers and be kept closed unless provided with an approved hold-open device such as an alarm activated magnetic hold-open device, as permitted by NFPA 101. Doors must be single-swing type with positive latching hardware. View panels at laundry entrances must be provided and be of materials adequate to maintain the integrity of the door as allowed by NFPA 101 [the Life Safety Code].

§19.341.Electrical Requirements.

(a) The design of the electrical systems must be done by or under the direction of a licensed [registered] professional electrical engineer approved by the Texas [State] Board of [Registration for] Professional Engineers to operate in Texas, and the parts of the plans and specifications covering electrical design must bear the legible seal of the engineer. Utilities; [Requirements pertaining to utilities,] heating, ventilating, and air-conditioning systems;[,] vertical conveyors, and chutes must meet the requirements of NFPA 101, [be in accordance with the Life Safety Code,] Chapter 9, Building Service and Fire Protection Equipment.

(b) Fire [Requirements for fire] protection systems must meet the requirements of [be in accordance with] §19.337 of this division [subchapter] (relating to Fire Protection Systems).

(c) Electrical systems must meet the requirements of [the] NFPA 70.

(d) Specific requirements for lighting and outlets at resident bedrooms must meet the requirements of [be in accordance with] §19.334 of this division [subchapter] (relating to Architectural Space Planning and Utilization).

(1) Emergency electrical service.

(A) To provide electricity during an interruption of the normal electric supply, an emergency source of electricity must be provided and connected to certain circuits for lighting and power. Facilities that were constructed or received design approval or building permits before July 5, 2016, may comply with the emergency electrical system requirements for existing health care facilities in NFPA 99. All other facilities covered by this section must comply with the emergency electrical system requirements for new health care facilities in NFPA 99.

(B) Emergency electrical connection service must be provided to the distribution systems as required by NPFA 101 [the Life Safety Code] and NFPA 99. Rehabilitation or modernization of an existing emergency power system must be based on the assessed risk category and according to the requirements of NFPA 99 for new health care facilities.

(i) The following [Emergency] systems must be arranged for automatic connection to the alternate power source, without delay [include the following]:

(I) illumination for means of egress, nurse stations' [stations], medication rooms, dining and living rooms, group bathing rooms [(those] not directly connected to resident bedrooms[)], and areas immediately outside of exit doors [door (egress lighting must not be switched)];

(II) exit signs and exit directional signs as required by NFPA 101 [the Life Safety Code];

(III) alarm systems including fire alarms activated by manual stations, water flow alarm devices of sprinkler systems, fire and smoke detecting systems, and alarms required for nonflammable medical gas systems, if installed [(where hospital-type functions are included in the nursing home facility, applicable standards will apply)];

(IV) task illumination and selected receptacles at the generator set location;

(V) selected duplex receptacles including such areas as resident corridors, each bed location where patient care-related electrical appliances are utilized, nurse stations, and medication rooms including biologicals refrigerator;

(VI) nurse call [calling] systems;

(VII) resident room night lights;

(VIII) a light and receptacle in an [the] electrical room or a [and/or] boiler room;

(IX) elevator cab lighting, control, and communication systems;

(X) all facility telephone equipment; and

(XI) paging or speaker systems, if intended for communication during emergency. Radio transceivers where installed for emergency use must be capable of operating for at least one hour upon total failure of both normal and emergency power.

(ii) The following [Critical] systems must be arranged for [(]delayed automatic or manual connection [connections] to the alternate power source [critical systems) must include the following]:

(I) Heating equipment must provide heating for general resident rooms. This will not be required if:

(-a-) the outside design temperature is higher than 20 degrees Fahrenheit (-6.7 [-6] degrees Celsius);

(-b-) the outside design temperature is lower than 20 degrees Fahrenheit (-6.7 [-6] degrees Celsius) and, when [where] selected rooms are provided for the needs of all confined residents, then only those rooms need to be heated; or

(-c-) the facility is served by a dual source of normal power.[; and]

(II) In instances when interruptions of power would result in elevators stopping between floors, throw-over facilities must be provided to allow the temporary operation of any elevator for the release of passengers.

(C) The emergency lighting must be automatically in operation within ten seconds after the interruption of normal electric power supply. Emergency egress lighting must not be switched.

(D) Emergency service to receptacles and equipment may be delayed automatic or manually connected. Receptacles connected to emergency power must have red faceplates. [Stored fuel capacity must be sufficient for not less than four-hour operation of required generator.]

(E) [(D)] The design and installation of emergency motor generators must be in accordance with NFPA 37, NFPA 99, and NFPA 110.

(i) Generators must be located a minimum of three feet from a [the] combustible exterior building finish and a minimum of five feet from a building opening, if located on the exterior of the building.

(ii) Generators located on the exterior of the building must be provided with a noncombustible protective cover or be protected as per manufacturer's recommendations.

(iii) Motor generators fueled by public utility natural gas must have the capability to be switched to an alternate fuel source in accordance with NFPA 70.

(iv) Stored fuel capacity must be sufficient for not less than four hours of required generator operation.

(F) [(E)] The normal wiring circuits [circuit(s)] for the emergency system must be kept entirely independent of all other wiring and must not enter the same race-ways, boxes, or cabinets according to [in accordance with] NFPA 70.

(2) General Lighting Requirements. General lighting requirements are as follows:

(A) All spaces occupied by people, machinery, equipment, approaches to buildings, and parking lots must have lighting.

(B) All quality, intensity, and type of lighting must be adequate and appropriate to the space and all functions within the space.

(C) Minimum lighting levels can be found in the Illuminating Engineering Society (IES) Lighting Handbook, latest edition. Minimum illumination must be 20-foot candles in resident rooms, corridors, nurses' stations, dining rooms, lobbies, toilets, bathing facilities, laundries, stairways, and elevators. Illumination requirements for these areas apply to lighting throughout the space and are [should be] measured at approximately 30 inches above the floor anywhere in the room. Minimum illumination for over-bed [overbed] reading lamps, medication-preparation or storage areas [area], kitchens, and nurses' [nurse's] station desks must be 50 foot candles. Illumination requirements for these areas apply to the task performed and are [should be] measured on the task.

(D) Nursing unit corridors must have general illumination with provisions for reduction of light levels at night.

(E) Exposed incandescent light bulbs [(]or other high heat generating lamps[)] in closets or other similar spaces must be provided with basket wire guards or other suitable shield to prevent contact of combustible materials with the hot bulb and to help prevent breakage.

(F) Exposed incandescent or fluorescent bulbs are not [will not be] permitted in food service or other areas where glass fragments from breakage may get into food, medications, linens, or utensils. All fluorescent bulbs will be protected with a shield or catcher to prevent bulb drop-out.

(3) Receptacles or [(]convenience outlets[)].

(A) Receptacles at bedrooms must be according to [in accordance with] §19.334(a)(7) of this division [subchapter] (relating to Architectural Space Planning and Utilization).

(B) Duplex receptacles for general use must be installed in corridors spaced not more than 50 feet apart and within 25 feet of ends of corridors. At least one duplex receptacle in each resident corridor must be provided with emergency electrical service.

(C) Receptacles must be provided for essential needs such as medication refrigerators and [life support] systems or equipment whose failure is likely to cause major injury or death to a resident. [At least one outlet in each resident corridor must be provided with emergency electrical service.] All receptacles on emergency circuits must be clearly, distinctly, and permanently identified, such as using a red faceplate or [and/or] a small label that says "Emergency."

(D) Receptacles in the remainder of the building must be sufficient to serve the present and future needs of the residents and equipment.

(E) Location of receptacles, [(]horizontally and vertically,[)] should be carefully planned and coordinated with the expected designed use of furnishings and equipment to maximize their accessibility and to minimize conditions such as beds or furniture [chests] being jammed against plugs used in the outlets.

(F) Exterior receptacles must be an approved waterproof type.

(G) Ground fault interruption protection must be provided at appropriate locations such as at whirlpools and other wet areas according to [in accordance with] the NFPA 70 [National Electrical Code].

(4) Nurse call systems.

(A) A nurse call system consists of power units, annunciator control units, corridor dome stations, emergency call stations, bedside call stations, and activating devices. The units must be compatible and [laboratory] listed by a nationally recognized testing laboratory for the system and use intended.

(B) Each resident bedroom must be served by at least one call [calling] station and each bed must be provided with a call switch. Two call switches serving adjacent beds may be served by one calling station. Each call entered into the system must activate a corridor dome light above the bedroom, bathroom, or toilet corridor door, a visual signal at the nurses' [nurses] station which indicates the room from which the call was placed, and a continuous or intermittent continuous audible signal of sufficient amplitude to be clearly heard by nursing staff. The amplitude or pitch of the audible signal must not be such that it is irritating to residents or visitors. The system must be designed so that calls entered into the system may be canceled only at the call [calling] station. Intercom-type systems which meet this requirement are acceptable.

(C) A nurse call system that provides [Nurse calling systems which provide] two-way voice communication must be equipped with an indicating light at each call [calling ] station which lights and remains lighted as long as the voice circuit is operating.

(D) A nurse call emergency switch [switch(es) ] must be provided for resident use at each resident's toilet, bath, and shower. These switches must be usable by residents using the fixtures and by a collapsed resident lying on the floor.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705006

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334


DIVISION 6. PLAN REVIEW

40 TAC §19.344

The amendment is proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The amendment implements Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.344.Plan Review [Plans, Approvals, and Construction Procedures].

At the option of the applicant, HHSC [the Texas Department of Human Services (DHS)] will review plans for a new building, an addition to a building, a [buildings, additions,] conversion of a building [buildings] not licensed by HHSC, [DHS,] or rehabilitation [remodeling] of an existing licensed facility. HHSC [facilities. DHS] will, within 30 days, inform the applicant in writing of the results of the review. If the plans comply with HHSC's [DHS's] architectural requirements, HHSC [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. HHSC [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 contract documents described in paragraph (2) of this subsection [working drawings and specifications (contract documents)] before construction begins. Documents must be in sufficient detail to demonstrate [interpret] compliance with this subchapter [these standards] and ensure [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 include [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 licensed [registered] professional engineer approved by the Texas [State] Board of [Registration for] Professional Engineers to operate in Texas. Contract documents for additions, rehabilitation of, or [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 may [usually can] be to a scale such as 1/16 inch per foot or 1/32 inch per foot for very large buildings.

(D) Plans and specifications for the conversion of a building not licensed by HHSC [conversions] or rehabilitation of an existing building [remodeling] must be complete for all parts and features involved.

(E) The facility [sponsor] is responsible for employing qualified personnel to prepare the contract documents for construction. If the contract documents contain [have] errors or omissions to the extent that conformance with standards cannot be reasonably ensured [assured] or determined, HHSC may request a revised set of documents for review [may be requested].

(F) The review of plans and specifications by HHSC [DHS] is based on general utility, the minimum licensing standards, and conformance with NFPA 101. This review must[, of the Life Safety Code, and is] not to be construed as an all-inclusive approval of the structural, electrical, or mechanical components, nor does it constitute the [include a] review of required building plans for compliance with TAS [the Texas Accessibility Standards] as administered and enforced by the Texas Department of Licensing and Regulation.

(G) Fees for plan review will be required according to [in accordance with] §19.219 of this chapter (relating to Plan Review Fees).

(2) Contract documents.

(A) Code compliance documents must include:

(i) A life safety floor plan that includes the following information:

(I) a building layout, depicted at an identified drawing scale;

(II) the location of any changes in construction type;

(III) occupant loads, according to NFPA 101;

(IV) egress capacity, according to NFPA 101;

(V) egress routes from spaces in the building to the public way, including travel distances;

(VI) areas in buildings which use provisions for suites, per NFPA 101;

(VII) provisions for the protection of vertical openings;

(VIII) the locations of doors that use special locking arrangements;

(IX) the relationship of the subject building to any adjacent buildings on the same property, including dimensions between buildings;

(X) the size and location of smoke compartments, and the tested fire resistance-rated assemblies proposed for the construction of smoke barriers defining the compartments;

(XI) the location of any fire barriers or fire walls, and the tested fire resistance-rated assemblies proposed for the construction of those barriers or walls; and

(XII) the location of egress signage.

(ii) documentation, published by a nationally recognized testing laboratory, describing any proposed fire resistance-rated assemblies, including the following:

(I) fire resistance-rated wall assemblies;

(II) fire resistance-rated floor-ceiling assemblies;

(III) fire resistance-rated roof-ceiling assemblies;

(IV) fire resistance-rated joint systems;

(V) fire resistance-rated systems for protection of penetrations into or through other fire resistance-rated construction and assemblies; and

(VI) fire resistance-rated assemblies for protection of structural columns and beams.

(iii) for projects involving building rehabilitation, provide a diagram outlining each area undergoing rehabilitation identifying the classification of the rehabilitation work according to §19.350 of this subchapter (relating to Building Rehabilitation), and identifying the total floor area of each rehabilitation work area by rehabilitation classification.

(B) [(A)] Site plan documents must include:

(i) grade contours;

(ii) streets [(]with names[)];

(iii) a north arrow;

(iv) fire hydrant locations [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 located five feet or less beyond site property lines.

(C) [(B)] Foundation plan documents must include the general foundation design and details.

(D) [(C)] Floor plan documents must include:

(i) room names, numbers, and usages;

(ii) numbered doors [(numbered)], including swing;

(iii) windows;

(iv) a 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 and fire walls, outside wall to outside wall [(outside wall to outside wall) or fire walls].

(E) [(D)] For [both] new construction, [and] additions to or [to] rehabilitation of [remodeling to] an existing building [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.

(F) [(E)] Schedules must include:

(i) door materials, sizes [widths], and types;

(ii) window materials, sizes, and types;

(iii) room finishes; and

(iv) special hardware.

(G) [(F)] Elevations [and roof plan] must include:

(i) exterior elevations with material note; and

(ii) interior elevations, where needed for special conditions.

[(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.]

(H) Roof plans must include:

(i) any roof top equipment;

(ii) roof slopes;

(iii) drain locations; and

(iv) gas pipes.

(I) [(G)] Details must include:

(i) wall sections as needed, especially for special conditions;

(ii) cabinets [cabinet] and built-in work, basic design only;

(iii) cross sections through buildings as needed; and

(iv) miscellaneous details and enlargements as needed.

(J) [(H)] Building structure documents must include:

(i) structural framing layouts [layout] and details [(primarily for column, beam, joist, and structural building)];

(ii) roof framing layout, [(]when this [it] cannot be adequately shown on cross section[)]; [and]

(iii) cross sections in quantity and detail to show sufficient structural design; and

(iv) structural details as necessary to ensure [assure] adequate structural design [and calculated design loads].

(K) [(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 panelboards [panels)];

(v) staff communication systems, including a nurse call system;

(vi) fire alarm and similar systems, [(]such as control panels [panel], devices, and alarms[)]; and

(vii) sizes and details sufficient to ensure [assure] safe and properly operating systems.

(L) [(J)] Plumbing documents must include:

(i) plumbing layout with pipe sizes and details sufficient to ensure [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.

(M) [(K)] Heating, ventilating, and air-conditioning systems (HVAC) documents must include:

(i) sufficient details of HVAC systems and components to ensure [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; duct smoke detectors; and fire dampers[, 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.

(N) [(L)] Sprinkler system documents must include:

(i) plans and details of systems designed according to NPFA 13; and [National Fire Protection Association (NFPA) designed systems;]

[(ii) plans and details of partial systems provided only for hazardous areas; and]

(ii) [(iii)] electrical devices interconnected to the alarm system.

(O) [(M)] Specifications must include:

(i) installation techniques;

(ii) quality standards; [and/or]

(iii) manufacturers;

(iv) [(iii)] references to specific codes and standards;

(v) [(iv)] design criteria;

(vi) [(v)] special equipment;

(vii) [(vi)] hardware;

(viii) [(vii)] finishes; and

(ix) [(viii)] any other [others] information as needed to amplify drawings and notes.

(P) [(N)] Other layouts, plans, or details that are [as may be] necessary to convey [for] 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.

[(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.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705007

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334


DIVISION 7. SMALL HOUSE AND HOUSEHOLD FACILITIES

40 TAC §19.345

The amendment is proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The amendment implements Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.345.Small House and Household Facilities.

(a) This section applies to a [A] small house or household facility [is a facility] that is designed to provide a non-institutional environment to promote resident-centered care [and that meets the requirements of this section]. New construction of [to] a small house or household facility, including a conversion of an existing facility, an addition to an existing facility, or rehabilitation of an existing facility [remodeling], must meet the requirements of this section.

(b) A small house or household facility must comply with this chapter, except it is not required to comply with a requirement in division 9 of this subchapter (relating to Facilities Licensed On or After April 2, 2018) [§§19.330-19.343 of this subchapter (relating to Construction and Initial Survey of Completed Construction; Construction Standards for Additions, Remodeling, and New Nursing Facilities; Location and Site; General Considerations; Architectural Space Planning and Utilization; Exit Provisions; Smoke Compartmentation (Subdivision of Building Spaces); Fire Protection Systems; Hazardous Areas; Structural Requirements; Mechanical Requirements; Electrical Requirements; Miscellaneous Details; and Elevators)] if HHSC [DADS] waives the requirement in accordance with subsection (c) of this section or if the requirement is modified by subsection (g) of this section.

(c) HHSC [DADS] may waive a requirement in division 9 [§§19.330-19.343] of this subchapter if HHSC [DADS] determines a waiver of the requirement would facilitate the implementation of resident-centered care. To request a waiver of a requirement, a facility must submit plans to HHSC according to [DADS in accordance with] §19.344 of this subchapter (relating to Plan Review [Plans, Approvals, and Construction Procedures]). The plans must include a statement from an architect identifying which requirements the facility is requesting to be waived and explaining how the waiver would contribute to the goals of resident-centered care.

(d) A small house or household facility must be designed and equipped to provide a homelike environment that promotes resident-centered care.

(e) A small house or a household within a facility must:

(1) have no more than 16 bedrooms as described in subsection (g)(3) of this section;

(2) have living, dining, social, and staffing areas exclusively within and for the house or household; and

(3) have a kitchen that meets the requirements in §19.354(g)(1) [§19.334(g)(1)] of this subchapter (relating to Architectural Space Planning and Utilization for New Facilities) or a food service area that meets the requirements of an auxiliary serving kitchen in §19.354(g)(3) [§19.334(g)(3)] of this subchapter, exclusively within and for the house or household.

(f) A small house or household facility must be:

(1) a single small house model, which is a single licensed building having no more than 16 residents that meets the licensing requirements for architectural spaces provided within the same licensed building;

(2) a multiple small house model, which is a single licensed group of two or more small houses located in close proximity to each other on a single contiguous property that meets the licensing requirements for architectural spaces in each house and that may include a stand-alone central building that provides social-diversional space, a treatment area, or an administrative area; or

(3) a household model, which is a single licensed building that contains one or more [multiple] households having no more than 16 residents each; that may include a central area that provides social-diversional space, a treatment area, or an administrative area; and that must be arranged to avoid travel through the household by persons who are not residing in, visiting, or providing services for the household.

(g) A small house or household facility must comply with the requirements in this section and is not required to request a waiver for an exception described in this subsection.

[(1) The interior finish requirements in §19.333(e) of this subchapter must be met, except combustible decorations on walls, doors, and ceilings may be installed as permitted by the 2012 edition of the Life Safety Code.]

(1) [(2)] The outdoor activity, recreational, and sitting spaces required in §19.352(f) [§19.332(f)] of this subchapter (relating to Location and Site for New Facilities) must include a porch area under a roof with suitable furniture for sitting and space for wheelchairs.

(2) [(3)] The resident bedroom requirements in §19.354(a) [§19.334(a)] of this subchapter must be met, except:

(A) a bedroom must be occupied:

(i) by only one resident; or

(ii) by two residents, if they are members of the same family and the bedroom size, furniture, and headboard wall requirements for double occupancy are met;

(B) the toilet requirements in §19.354(a)(7) [§19.334(a)(8)] of this subchapter must be met, except a bathroom must serve no more than one resident room and must include a lavatory, toilet, and a shower or bathing unit;

(C) the night lighting requirement in §19.354(a)(5) [§19.334(a)(6)] of this subchapter must be met, except it must be a recessed wall mounted fixture just inside the entry door to the room and must not be obstructed by the door or furniture; and

(D) the electrical receptacle requirements in §19.354(a)(6) [§19.334(a)(7)] of this subchapter must be met and additional receptacles must be provided to meet the requirements for Dwelling Unit Receptacle Outlets [dwelling units] in NFPA 70 [210-54].

(3) [(4)] The nursing service area requirements in §19.354(b) [§19.334(b)] of this subchapter must be met, except:

(A) a nursing staff lounge is not required in a small house facility;

(B) the nursing staff toilet room may also be a toilet room for:

(i) kitchen staff;

(ii) the public; or

(iii) a general bathing room, if the toilet room opens into the general bathing room and common areas; and

(C) the nourishment station may be part of the residential kitchen area.

(4) [(5)] Resident bathing and toilet facility requirements in §19.354(c) [§19.334(c) ] of this subchapter must be met, except the door between a bathroom and a resident bedroom:

(A) is not required to be a side-hinged swinging door;

(B) may be an externally mounted by-pass door;

(C) must have substantial hardware;

(D) must not be equipped with a bottom door track that is a tripping hazard; and

(E) if it swings open into the bedroom, must not interfere with the swing of any other door that opens into the bedroom.

(5) [(6)] The living area requirements in §19.354(e) [§19.334(e)] of this subchapter and dining room requirements in §19.354(f) [§19.334(f)] of this subchapter must be met, except the distance between the floor and the window sill of a window in the living or dining room must not exceed 36 inches, to allow a view to the outside from a seated position.

(6) [(7)] The dietary facility requirements in §19.354(g) [§19.334(g)] of this subchapter must be met, except a kitchen serving 16 or fewer non-employees per meal:

(A) may be open to the facility in compliance with NFPA 101 [the 2012 edition of the Life Safety Code];

(B) must meet the general food service needs of the residents;

(C) must provide for the storage, refrigeration, preparation, and serving of food; for dish and utensil cleaning; and for refuse storage and removal;

(D) must contain a multi-compartment sink, vegetable sink, and hand washing sink;

(E) must provide a supply of hot water that, if used for sanitizing purposes is 180 degrees Fahrenheit or at the manufacturer's suggested temperature for chemical sanitizers;

(F) must provide a supply of cold water;

(G) must have janitorial facilities exclusively for the kitchen and located in close proximity to the kitchen;

(H) must have kitchen floors, walls, and ceilings with nonabsorbent smooth finishes or surfaces that are capable of being routinely cleaned and sanitized to maintain a healthful environment;

(I) must have counter and cabinet surfaces, inside and outside, with smooth, cleanable, relatively nonporous finishes; and

(J) must have a toilet for the kitchen staff that is in close proximity to the kitchen and that may also be a toilet room for the public or the general bathing room.

(7) [(8)] The exit requirements in §19.355(3) [§19.335(3)] of this subchapter must be met except for fixed furniture and wheeled equipment as permitted by NFPA 101 [the 2012 edition of the Life Safety Code].

[(9) The nurse call system requirements in §19.341(d)(4) of this subchapter must be met, and the system:]

[(A) must meet UL 1069 for the core system of power units, annunciator control units, corridor dome lights, emergency calling stations, bedside call stations, and activating devices; and]

[(B) is not required to meet UL 1069 for ancillary or supplementary devices, including pocket pagers and other portable devices.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705009

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334


DIVISION 8. BUILDING REHABILITATION

40 TAC §19.350

The new section is proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The new section implements Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.350.Building Rehabilitation.

(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 §19.300(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 §19.300(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 §19.300(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)(1)-(3) 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)(1)-(3) 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.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705010

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334


DIVISION 9. FACILITIES LICENSED ON OR AFTER APRIL 2, 2018

40 TAC §§19.351 - 19.363

The new sections are proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The new sections implement Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.351.Construction Standards for New Nursing Facilities.

(a) This section applies to a facility licensed on or after April 2, 2018. The requirements of NFPA 101 and other applicable NFPA codes and standards referenced in NFPA 101 will apply unless otherwise noted or modified in this section:

(1) Buildings covered by this section must comply with the New Health Care Occupancies chapter of NFPA 101.

(2) In addition to NFPA 101 and the standards referenced therein, a facility covered by this division is subject to the codes, standards, and requirements established by the following: UL; ASHRAE; and ASTM.

(b) All applicable local, state, or national codes and ordinances must be met as determined by the authority having jurisdiction for those codes and ordinances and by HHSC. Any conflicts must be made known to HHSC for appropriate resolution.

(c) The design of structural systems must be done by or under the direction of a professional engineer who is currently licensed by the Texas Board of Professional Engineers.

(d) Nothing in this division may be construed as prohibiting a better type of building or construction, more space, services, features, or greater degree of safety than the minimum requirements.

§19.352.Location and Site for New Facilities.

(a) Any conditions considered to be a fire, safety, or health hazard will be grounds for disapproval of a site by HHSC. A new facility may not be built in an area designated as a floodplain of 100 years or less.

(b) Site grades must provide for positive surface water drainage so that there will be no ponding or standing water on the designated site. This does not apply to local government requirements for engineered controlled run-off holding ponds.

(c) A new building or addition must be set back at least 10 feet from the property lines except as otherwise approved by HHSC.

(d) Exit doors from the building must not open directly onto a drive for vehicular traffic, but must be set back at least six feet from the edge of the drive, measured from the end of the building wall in the case of a recessed door, to prevent accidents due to lack of visual warning.

(e) Walks must be provided as required from all exits and must be of non-slip surfaces free of hazards. Walks must be at least 48 inches wide except as otherwise approved. Ramps must be used in lieu of steps where possible for the individuals with a disability and to facilitate bed or wheelchair removal in an emergency.

(f) Outdoor activity, recreational, and sitting spaces must be provided and appropriately designed, landscaped, and equipped. Some shaded or covered outside areas are needed. These areas must be designed to accommodate residents in wheelchairs.

(g) Each facility must have parking space to satisfy the needs of residents, employees, staff, and visitors. In the absence of a formal parking study, each facility must provide for a ratio of at least one parking space for every four beds in the facility. This ratio may be reduced slightly in areas convenient to public parking facilities. Space must be provided for emergency and delivery vehicles. A parking space must not block or inhibit egress from the outside exit doors. Parking spaces and drives must be at least ten feet away from windows in bedrooms, dining areas, and living areas.

(h) Barriers must be provided for resident safety from traffic or other site hazards by the use of appropriate methods such as fences, hedges, retaining walls, railings, or other landscaping. These barriers must not inhibit emergency egress to a safe distance away from the building.

(i) Open or enclosed courts with resident rooms or living areas opening upon them must not be less than 20 feet in the smallest dimension unless otherwise approved by HHSC. Nonparallel wings forming an acute angle may have a maximum of two windows in each wing that are separated by a distance less than 20 feet, but not less than ten feet, when measured between the nearest edges of the opposing openings.

(j) Auxiliary buildings located within 20 feet of the main building must meet the applicable requirements in NFPA 101 for separation and construction.

(k) Other buildings on the site must meet the appropriate occupancy section or separation requirements in NFPA 101.

(l) Fire service and access must be as follows:

(1) The facility must be served by a paid or volunteer fire department. The fire department must provide written assurance to HHSC that the fire department can respond to an emergency at the facility within an appropriately prompt time for the travel conditions involved.

(2) The facility must be served by an adequate water supply that is satisfactory and accessible for fire department use as determined by the fire department serving the facility and by HHSC.

(3) There must be at least one readily accessible fire hydrant located within 300 feet of the building. The hydrant must be on a minimum six inch service line. The hydrant, its location, and service line, or equivalent must be as approved by the local fire department and HHSC.

(4) The building must have suitable all-weather fire lanes as required by local fire authorities or, if no local fire authority has jurisdiction, by HHSC. As a minimum, the fire department must be able to access two sides of the building.

(m) Enclosed exterior spaces, such as fenced areas, that are in a means of egress to a public way must meet the requirements of §19.2208(a)(6) of this chapter (relating to Standards for Certified Alzheimer's Facilities).

§19.353.General Considerations for New Facilities.

(a) Services. A nursing facility must either contain the elements described in this section or the facility must indicate the manner in which the needed services are to be made available.

(b) Sizes. The sizes of the various departments will depend upon program requirements and the organization of services within the facility. Some functions requiring separate spaces or rooms in these minimum requirements may be combined, provided that the resulting plan will not compromise the best standards of safety and of medical and nursing practices.

(c) Shared or combined services. A nursing facility may be operated together with a hospital and may share administration, food service, recreation, janitor service, and physical therapy facilities, but must have clearly identifiable physical separations, such as a separate wing or floor. A nursing facility with different levels of care will require identifiable physical separations. Combined attendant or nurses' stations and medication room areas will require some separating construction features. An assisted living facility may be operated together with a nursing facility and may share food and laundry service, but must have clearly identifiable physical separations such as a separate wing, or floor, and each facility must independently meet all other requirements within their licensed areas.

(d) Exterior finishes. Unless otherwise approved by HHSC, the exterior finish material of a building classified as fire resistive or protected noncombustible construction, per NFPA 220, must have a flame spread index no greater than 25 and a smoke developed index no greater than 450, when tested according to ASTM E84 or UL 723. All others exterior materials must have a flame spread index no greater than 75 and a smoke developed index no greater than 450. Items of trim may be of combustible material subject to approval by HHSC. Roof covering assemblies must have a Class A or Class B rating, when tested according to ASTM E108 or UL 790.

(e) Accessibility requirements. The facility must comply with accessibility requirements for individuals with disabilities in the revised regulations for Title II and III of the Americans with Disabilities Act of 1990 at 28 CFR Part 35 and Part 36, also known as the 2010 ADA Standards for Accessible Design, and the TAS adopted by the Texas Department of Licensing and Regulation (TDLR) at 16 TAC Chapter 68. A facility must register plans for new construction, substantial renovations, modifications, and alterations with TDLR, Attn: Elimination of Architectural Barriers Program, and comply with the TAS.

§19.354Architectural Space Planning and Utilization for New Facilities.

(a) Resident bedrooms. Each resident bedroom must meet the following requirements:

(1) The maximum room capacity must be two residents.

(2) Minimum bedroom area, excluding toilet rooms, closets, lockers, wardrobes, alcoves, or vestibules, must be 100 square feet in single occupancy rooms and 80 square feet per bed in multi-bed rooms.

(3) The minimum allowable room dimension is ten feet. The room must be designed to provide at least 36 inches between beds and 24 inches between any bed and the adjacent wall.

(4) Each room must have at least one operable outside window arranged and located so that it can be easily opened from the inside without the use of tools or keys. The maximum allowable sill height must not exceed 36 inches above the floor. All operable windows must have insect screens. The minimum area of window in each bedroom must equal at least 16 square feet or 8.0% of the gross floor area of the room, whichever is larger. Operable window sections may be restricted to not more than six nor less than four inches for security or safety reasons.

(5) Each room must have general lighting, wall-mounted bed reading lights, and night lighting. The night light must be switched just inside the entrance to each resident room with a silent type switch, must be a recessed wall mounted fixture just inside the entry door to the room and must not be obstructed by the door or furniture, unless otherwise approved by HHSC. The light providing general illumination must be switchable at the door of the resident room for use of staff and residents. A durable non-glare reading light with an opaque front panel securely anchored to the wall, integrally wired, must be provided above each resident bed. The switch for this reading light must be within reach of a resident in the bed.

(6) The minimum number of power receptacles at a resident bed location shall be determined based on the risk assessment required by NFPA 99 and §19.300(i) of this subchapter (relating to General Requirements), as follows:

(A) All receptacles must be listed and identified as "hospital grade";

(B) Four of the required receptacles must be provided beside the head of each bed;

(C) No fewer than eight receptacles must be provided within the patient care vicinity, as defined in NFPA 99;

(D) If the failure of patient-care-related electrical equipment is likely to cause major injury or death to a resident, no fewer than fourteen receptacles must be provided within the patient care vicinity.

(E) Additional receptacles, beyond the minimum quantities above, must be provided to ensure the electrical needs of all residents living in the bedroom are met, including power for TV, radio, razors, hairdryers, clocks, or as required by NFPA 99 and NFPA 70.

(7) Each resident bedroom must have direct access to a bathroom without entering the general corridor area. The bathroom must serve no more than one resident room and must include, at least, a lavatory and toilet.

(8) Each resident must have a bed with a comfortable mattress, a bedside stand with at least two enclosed storage spaces, a dresser, and closet or wardrobe space providing privacy for clothing and personal belongings. Private clothes storage space must provide at least 22 inches of lineal hanging space per bed and have closable doors. Chairs and space must be provided for use by residents and visitors.

(9) Each room must open onto an exit corridor and must be arranged for convenient resident access to dining, living, and bathing areas. To ensure a direct view from nurses' stations, resident room doors must not be recessed into the corridor wall more than four feet. Alcoves must meet applicable accessibility standards for a front approach to the door, and handrails must be provided in the alcove. If an alcove exceeds four feet in depth, it is a corridor and must meet all requirements for corridors, including direct view from a nurses' station, minimum width of the corridor, and provisions for handrails.

(10) Visual privacy, such as cubicle curtains, must be available for each resident in multi-bed bedrooms. Design for privacy must not restrict resident access to the entry, lavatory, or toilet, nor may it restrict bed evacuation or obstruct sprinkler flow coverage.

(11) At least one noncombustible wastebasket must be provided in each bedroom.

(12) See the requirements in §19.361(d)(4) of this subchapter (relating to Electrical Requirements for New Facilities) for nurse call systems.

(13) Bedrooms must be identified with a raised or recessed unique number placed on or near the door. Refer to TAS for information about signs.

(14) Locks on bedroom doors are permitted when they meet definite resident needs.

(A) Situations in which locks may be necessary include the following:

(i) married couples whose rights of privacy could be infringed upon unless bedroom door locks are permitted;

(ii) residents for whom the attending physician wants bedroom door locks to enhance the residents' sense of security; and

(iii) residents for whom restraint through confinement to their own rooms is necessary for their own or other persons' safety.

(B) In situations such as those listed in paragraph (14)(A) of this subsection, the following guidelines must be met:

(i) bedroom door locks for other than restraining purposes must be of the type which the occupant can unlock at will from inside the room;

(ii) all bedroom door locks must be of the type which can be unlocked from the corridor side;

(iii) attendants must carry keys which will permit ready access to the locked bedrooms when entrance becomes necessary;

(iv) bedroom doors which are locked for resident restraining purposes must be dutch doors, with only the lower section locked. The upper part of the doorway must be open to permit visual supervision of the residents from the corridor. The dutch door must be easily unlocked by nurses and attendants. Resident restraints of any nature cannot be applied without orders from the attending physician.

(v) locking of bedroom doors by residents for privacy or security or by nursing facility staff for restraint will not be permitted except when specifically included in the attending physician's written orders or authorized by the nursing facility administrator.

(15) Vacant bedrooms must not be used for hazardous activities or hazardous storage, unless specifically approved by HHSC in writing.

(b) Nursing service areas. A nursing service area includes a nurses' station and other areas described in this subsection and must be located in or readily available to each nursing unit. The size and disposition of each service area will depend upon the number and types of beds to be served. Each service area may be arranged and located to serve more than one nursing unit, but at least one service area must be provided on each nursing floor. The maximum allowable distance from a resident room door to a nurses' station is 150 feet. The following requirements are applicable to services areas:

(1) Nurses' stations must be provided with space for nurses' charting, doctors' charting, and storage for administrative supplies. Nurses' stations must be located to provide a direct view of resident corridors. A nurses' station has a direct view of a resident corridor if a person can see down the corridor from a point within 24 inches of the outside of the nurses' station counter or wall. When a nurses' station does not provide a direct view of a resident corridor, an auxiliary station complying with the following guidelines must be provided.

(A) The auxiliary station must be staffed by nursing personnel during all shifts.

(i) More than one auxiliary station may be assigned to a designated nurses' station, regardless of the distance between stations.

(ii) The nurse call system for resident corridors monitored by the auxiliary station must report to the auxiliary station.

(iii) Each auxiliary station must meet the emergency electrical requirements for a nurse's station, including electrical receptacles and emergency lighting.

(iv) If a required auxiliary station does not already exist and the facility must establish a new auxiliary station, all applicable standards, particularly those pertaining to the physical plant and NFPA 101, must be observed.

(B) In addition to the required normal and emergency illumination, the facility must keep on hand and readily available to night staff no less than one working flashlight at each nurses' station.

(2) Lounge and toilet room must be provided for nursing staff.

(3) Lockers or security compartments must be provided for the safekeeping of personal effects of staff. These must be located convenient to the duty station of personnel or in a central location.

(4) A clean utility room must contain a work counter, sink with high-neck faucet with lever controls, and storage facilities and must be part of a system for storage and distribution of clean and sterile supply materials.

(5) A soiled utility room must contain a water closet or equivalent flushing rim fixture, a sink large enough to submerge a bedpan with spray hose and high-neck faucet with lever controls, work counter, waste receptacle, and linen receptacle. A soiled utility room must be part of a system for collection and cleaning or disposal of soiled utensils or materials. A separate hand-washing sink must be provided if the bedpan disinfecting sink cannot normally be used for hand-washing.

(6) Provision must be made for convenient and prompt 24-hour distribution of medication to residents. The medication preparation room must be under the nursing staff's visual control and contain a work counter, refrigerator, sink with hot and cold water, and locked storage for biologicals and drugs and must have a minimum area of 50 square feet. The minimum dimension allowed is five feet six inches. An appropriate air supply must be provided to maintain adequate temperature and ventilation for safe storage of medications. For purposes of storage of unrefrigerated medications, the room temperature must be maintained between 59 degrees and 86 degrees Fahrenheit.

(7) Provision must be made for separate closets or room for clean linens. Corridors must not be used for folding or cart storage. Storage rooms must be located and distributed in the building for efficient access to bedrooms.

(8) A soiled linen rooms must meet the requirements in subsection (l)(2)(A) of this section.

(9) A nourishment station is required and must contain a sink equipped for hand-washing, equipment for serving nourishment between scheduled meals, refrigerator, and storage cabinets. Ice for residents' service and treatment must be provided only by icemaker units. This station may be furnished in a clean utility room.

(10) An equipment storage room must be provided for equipment such as intravenous stands, inhalators, air mattresses, and walkers.

(11) Parking spaces for stretchers and wheelchairs must be located out of the path of normal traffic.

(c) Residents' bathing and toilet facilities. The following requirements are applicable to bathing and toilet facilities:

(1) Bathtubs or showers must be provided at the rate of one for each 20 beds which are not otherwise served by bathing facilities within residents' rooms. At least one bathing unit must be provided in each nursing unit. Each tub or shower must be in an individual room or enclosure which provides space for the private use of the bathing fixture, for drying and dressing, including an accessible dressing bench, and for a wheelchair and an attendant. Each general-use bathing room must be provided with at least one water closet in a stall, room, or area for privacy, and one lavatory. A bathing room must be located conveniently to the bedroom area it serves and must not be more than 100 feet from the farthest bedroom.

(2) At least 50% of bathrooms and toilet rooms, fixtures, and accessories must be designed and provided to meet criteria under the Americans with Disabilities Act for individuals with disabilities, unless otherwise approved by HHSC.

(3) All rooms containing bathtubs, sitz baths, showers, and water closets, used by residents must be equipped with doors and hardware that permits access from the outside in any emergency.

(4) Bathing areas must be provided with safe and effective auxiliary or supplementary heating. Bathing areas must be free of drafts and must have adequate exhaust ducted to the outside to minimize excess moisture retention and resulting mold and mildew problems.

(5) Tubs and showers must be provided with slip-proof bottoms.

(6) Lavatories and hand-washing facilities must be securely anchored to withstand an applied downward load of not less than 250 pounds on the front of the fixtures.

(7) Provision must be made for sanitary hand drying and toothbrush storage at lavatories. There must be paper towel dispensers or separate towel racks and separate toothbrush holders.

(8) Mirrors must be arranged for convenient use by residents in wheelchairs as well as by residents in a standing position, and the minimum size must be 15 inches in width by 30 inches in height, or tilt type.

(9) Rooms with toilets must be provided with effective forced air exhaust ducted to the exterior to remove odors. Ducted manifold systems are recommended.

(10) Floors, walls, and ceilings must have nonabsorbent surfaces, be smooth, and be easily cleanable.

(d) Disposal facilities. A policy and procedure for the safe and sanitary disposal of special waste must be provided. Space and facilities must be provided for the sanitary storage of waste by incineration, mechanical destruction, compaction, containerization, removal, or by a combination of these techniques.

(e) Resident living areas. The following requirements are applicable to resident living areas:

(1) Social-diversional spaces such as living rooms, dayrooms, lounges, and sunrooms, must be provided on a sliding scale as follows:

Figure: 40 TAC §19.354(e)(1) (.pdf)

(2) If a required way of exit, or a service way, is through a living or dining area, a pathway equal to the corridor width must be deducted for calculation purposes and discounted from that area. These exit pathways must be kept clear of obstructions.

(3) Each resident living room and dining room must have at least one outside window. The window area must be equal to at least 8.0% of the total room floor area. Sky-lighting may be used to fulfill one-half of the 8.0% minimum area.

(4) Open or enclosed seating space must be provided within view of the main nurses' station that will allow furniture or wheelchair parking that does not obstruct the corridor way of egress.

(f) Dining space. Dining space must be adequate for the number of residents served, but no less than ten square feet per resident bed.

(g) Dietary facilities. The following requirements are applicable to dietary facilities:

(1) A main or dietary kitchen must be as follows:

(A) A kitchen will be evaluated on the basis of its performance in the sanitary and efficient preparation and serving of meals to residents. Consideration will be given to planning for the type of meals served, the overall building design, the food service equipment, the arrangement, and the work flow involved in the preparation and delivery of food. Plans must include a large-scale detailed kitchen layout designed by a registered or licensed dietitian or architect having knowledge in the design of food service operations.

(B) Kitchens must be designed so that room temperature at summertime peak load will not exceed a temperature of 85 degrees Fahrenheit measured at the five-foot level. The amount of supply air must take into account the large quantities of air that may be exhausted at the range hood and dishwashing area.

(C) Operational equipment must be provided as planned and scheduled by the facility consultants for preparing and serving meals and for refrigerating and freezing of perishable foods, as well as equipment in, or adjacent to, the kitchen or dining area for producing ice.

(D) Facilities for washing and sanitizing dishes and cooking utensils must be provided. These facilities must be designed based on the number of meals served and the method of serving, that is, use of permanent or disposable dishes. The kitchen must contain a multi-compartment sink large enough to immerse pots and pans. A mechanical dishwasher is required for washing and sanitizing dishes. Separation of soiled and clean dish areas must be maintained, including air flow.

(E) A vegetable preparation sink must be provided, and it must be separate from the pot sinks.

(F) A supply of hot and cold water must be provided. Hot water for sanitizing purposes must be 180 degrees Fahrenheit or the manufacturer's suggested temperature for chemical sanitizers. For mechanical dishwashers, the temperature measurement is at the manifold.

(G) A kitchen must be provided with a hand-washing lavatory in the food preparation area with hot and cold water, soap, paper towel dispenser, and waste receptacle. The dish room area must have ready access to a hand-washing lavatory.

(H) Staff rest room facilities with lavatory must be directly accessible to kitchen staff without traversing resident use areas. A facility must provide a vestibule so the rest room door does not open directly into the kitchen.

(I) Janitorial facilities must be provided exclusively for the kitchen and must be located in the kitchen area.

(J) Nonabsorbent smooth finishes or surfaces must be used on kitchen floors, walls, and ceilings. These surfaces must be capable of being routinely cleaned and sanitized to maintain a healthful environment. Counter and cabinet surfaces, inside and outside, must also have smooth, cleanable, relatively nonporous finishes.

(K) Operable windows must have insect screens provided.

(L) Doors between kitchen and dining or serving areas must have a safety glass view panel.

(M) A garbage can or cart washing area with drain and hot water must be provided.

(N) Floor drains must be provided in the kitchen and dishwashing areas.

(O) Vapor removal from cooking equipment must be designed and installed in accordance with NFPA 101.

(P) Grease traps must be provided in compliance with local plumbing code or other nationally recognized plumbing code.

(2) Food storage areas must be as follows:

(A) Food storage areas must provide for storage of a seven-day minimum supply of nonperishable foods at all times.

(B) Shelves must be adjustable wire type. Walls and floors must have a nonabsorbent finish to provide a cleanable surface. No foods may be stored on the floor; dollies, racks, or pallets may be used to elevate foods not stored on shelving.

(C) Dry food storage must have an effective venting system to provide for positive air circulation.

(D) The maximum room temperature for food storage must not exceed 85 degrees Fahrenheit at any time. The measurement must be taken at the highest food storage level but not less than five feet from the floor.

(E) Food storage areas may be located apart from the food preparation area as long as there is space adjacent to the kitchen for necessary daily usage.

(3) An auxiliary serving kitchen not contiguous to a food preparation or serving area must be as follows:

(A) If a service area other than the kitchen is used to dispense food, it must be designated as a food service area and must have equipment for maintaining required food temperatures while serving.

(B) Separate food service areas must have hand-washing facilities as a part of the food service area.

(C) Finishes of all surfaces, except ceilings, must be the same as those required for dietary kitchens or comparable areas. See paragraph (1)(J) of this subsection.

(h) Administrative and public areas.

(1) The following elements must be provided in the public area:

(A) The entrance must be at grade level, sheltered from the weather, and able to accommodate wheelchairs. A drive-under canopy must be provided for the protection of residents or visitors entering or leaving a vehicle. The drive-under canopy may be a secondary entrance.

(B) The lobby, which may also be designed to satisfy a portion of the minimum area required for resident living room space, must include:

(i) storage space for wheelchairs if more than one is kept available;

(ii) a reception or information area, which may be adjacent to the lobby if the location is obvious;

(iii) waiting space;

(iv) public toilet facilities for individuals with disabilities, which may be adjacent to the lobby;

(v) at least one public access telephone, installed to meet standards under the Americans with Disabilities Act; and

(vi) a drinking fountain, which may be provided in a common public area and at least one of which must be installed to meet standards under the Americans with Disabilities Act.

(2) The following must be provided in the administrative area:

(A) General or individual offices must be provided for business transactions, medical and financial records, administrative and professional staff, and for private interviews relating to social service, credit, and admissions.

(B) A multipurpose room must be provided for conferences, meetings, and health education purposes including facilities for showing visual aids.

(C) Storage and work area for office equipment and supplies must be provided and accessible to the staff using such items.

(3) Toilet facilities for the disabled must be available in the building.

(i) Physical therapy facilities.

(1) Physical therapy facilities must be provided if required by the treatment program. The facilities stated in subparagraph (B) of this paragraph and paragraph (2)(C)-(E) of this subsection may be planned and arranged for shared use by occupational therapy residents and staff if the treatment program reflects this sharing concept. Physical therapy facilities must include the following:

(A) Provision for privacy at each individual treatment area; hand-washing facilities, one lavatory or sink may serve more than one cubicle; and facilities for the collection of soiled linen and other material that may be used in the therapy.

(B) Residents' dressing areas with accessible benches, showers, lockers, and toilet rooms if the therapy is such that these would be needed at the area.

(2) Physical therapy facilities may also include the following:

(A) treatment areas with space and equipment for the therapies provided;

(B) an exercise area;

(C) storage for clean linen, supplies, and equipment used in therapy;

(D) service sink located near therapy area; and

(E) wheelchair and stretcher storage.

(j) Occupational therapy facilities. Occupational therapy facilities must be provided if required by the treatment program.

(1) An activities area with a sink or lavatory and facilities for collection of waste products prior to disposal must be provided.

(2) Storage for supplies and equipment used in the therapy must be provided.

(k) Personal grooming area, such as a barber or beauty shop. A separate room with appropriate equipment must be provided for hair care and grooming needs of residents in facilities with over 60 beds.

(l) Laundry and linen services.

(1) On-site processing must be as follows:

(A) Because of the high incidence of fires in laundries, it is highly recommended that the laundry be in a separate building 20 feet or more from the main building. If the laundry is located within the main building it must be separated by minimum one-hour fire resistance-rated construction to structure above, and sprinklered, and must be located in a remote area away from resident sleeping areas. Access doors must be from the exterior or interior nonresident use area, such as a service corridor, that is separated from the resident area.

(B) If linen is to be processed on the site, the following must be provided:

(i) A soiled linen receiving, holding, and sorting room with a rinse sink. This area must have a floor drain and forced exhaust to the exterior which must operate at all times there is soiled linen being held in the area.

(ii) A laundry processing room with equipment which can process seven days' worth of laundry within a regularly scheduled work week. Hand-washing facilities must be provided. The washer area must have:

(I) a floor drain;

(II) storage for laundry supplies;

(III) a clean linen inspection and mending room or area and a folding area;

(IV) a clean linen storage, issuing, or holding room or area;

(V) a janitors' closet containing a floor receptor or service sink and storage space for housekeeping equipment and supplies; and

(VI) sanitizing and washing facilities and a storage area for carts.

(C) Soiled and clean operations must be planned to maintain sanitary flow of functions as well as air flow. If carts containing soiled linens from resident rooms are not taken directly to the laundry area, intermediate holding rooms must be provided and located convenient to resident bedroom areas.

(D) Laundry areas must have adequate air supply and ventilation for staff comfort without having to rely on opening a door that is part of the fire wall separation.

(E) Provisions must be made to exhaust heat from dryers and to separate dryer make-up air from the habitable work areas of the laundry.

(2) For off-site linen processing, the following must be provided on the premises:

(A) a soiled linen holding room with adequate forced exhaust ducted to the exterior;

(B) clean linen receiving, holding, inspection, sorting or folding, and storage rooms; and

(C) sanitizing facilities and storage area for carts.

(3) Resident-use laundry, if provided, must be limited to not more than one residential type washer and dryer per laundry room. This room must be classified as a hazardous area according to NFPA 101.

(m) General storage. The following requirements are applicable to general storage facilities:

(1) A general storage room must be provided as needed to accommodate the facility's needs. It is recommended that a general storage area provide at least two square feet per resident bed. This area would be for items such as extra beds, mattresses, appliances, and other furnishing and supplies.

(2) Storage space with provisions for locking and security control must be provided for residents' personal effects which are not kept in their rooms.

(n) Janitors' closet. In addition to the janitors' closet called for in certain departments, a sufficient number of janitors' closets must be provided throughout the facility to maintain a clean and sanitary environment. These must contain a floor receptor or service sink and storage space for housekeeping equipment and supplies.

(o) Maintenance, engineering service, and equipment areas. Space and facilities for adequate preventive maintenance and repair service must be provided. The following spaces are needed and it is suggested that these be part of a separate laundry building or area:

(1) A storage area for building and equipment maintenance supplies, tools, and parts must be provided.

(2) A space for storage of yard maintenance equipment and supplies, including flammable liquids bulk storage, must be provided separate from the resident-occupied facility.

(3) A maintenance and repair workshop of at least 120 square feet and equipment to support usual functions is recommended.

(4) A suitable office or desk space for the maintenance staff is recommended. This space may be located within the repair shop area with space for catalogs, files, and records.

(p) Oxygen. The storage and use of oxygen and oxygen equipment must meet applicable NFPA standards for gas equipment, including NFPA 99. Piped medical gas and vacuum systems must comply with §19.360(e) of this subchapter (relating to Mechanical Requirements for New Facilities).

§19.355.Exit Provisions for New Facilities.

Exit provisions, including doors, corridors, stairways, other exit-ways, locks, and other applicable items must conform to the requirements of NFPA 101 concerning means of egress and to this section to ensure that residents can be rapidly and easily evacuated from the building at all times, or from one part of the building to a safe area of refuge in another part of the building. Exit provisions are as follows:

(1) Bedroom space arrangement and doors and corridors must be designed for evacuation of bedfast residents by means of rolling the bed to a safe place in the building or to the outside.

(2) Public assembly rooms, common living rooms, dining rooms, and other rooms with a capacity of 50 or more persons or greater than 1,000 square feet in area must have two means of egress remote from each other. Out-swinging doors with panic hardware must be provided for these egress doors.

(3) Exit doors and ways of egress must be maintained clear and free for use at all times, except as permitted by NFPA 101. Furnishings, equipment, carts, and other obstacles must not be left to block egress at any time, except as permitted by NFPA 101.

(4) Steps in interior ways of egress are prohibited. If changes of elevation are necessary within ways of egress, approved ramps with a maximum slope of one unit of rise to 12 units of run must be provided.

(5) Doors in means of egress must be as follows:

(A) Locking hardware or devices which are capable of preventing or inhibiting immediate egress must not be used in any room or area that can be occupied.

(B) A latch or other fastening device on an exit door must be provided with a knob, handle, panic bar, or similar releasing device. The method of operation must be obvious in the dark, without use of a key, and operable by a well-known, one-action operation that will easily operate with normal pressure applied to the door or to the device toward the exterior. Locking hardware which prevents unauthorized entry from the outside is permissible. Self-closing devices and permanently mounted hold-open devices to expedite emergency egress and prevent accidental lock-out must be provided for exterior exit doors.

(C) No screen or storm door may swing against the direction of exit travel when main doors are required to swing out.

(D) To aid in control of wandering residents, buzzers or other sounding devices may be used to announce the unauthorized use of an exit door. Other methods include approved emergency exit door locks or fencing with a gate outside of exit doors which enclose a space large enough to allow the space to be an exterior area of egress and refuge away from the building.

(E) Inactive leaves of double doors may have easily accessible and easily operable bolts if the active leaf is 44 inches wide, where permitted by NFPA 101. Center mullions are prohibited.

(F) Resident baths or toilets having privacy locks will require that keys or devices for opening the doors are kept readily available to the staff.

(G) Folding doors must not be used in exit corridors or other means of egress. Sliding doors, when permitted by NFPA 101, may be used as secondary doors from residents' bedrooms to grade or to a balcony, or in certain other areas, when permitted by NFPA 101. Corridor doors to rooms must swing into the room or be recessed so as not to extend into the corridor when open; however, doors ordinarily kept closed may be excepted.

(6) Horizontal exits, if provided, must be according to NFPA 101.

(7) Areas outside of exterior exit or discharge doors must be as follows:

(A) Provision must be made to facilitate continuation of emergency egress away from a building for a reasonable distance beyond the outside exit door, especially for movement of non-ambulatory residents in wheelchairs and beds. Any condition which may retard or halt free movement and progress outside the exit doors will not be allowed. Ramps must be used outside the exit doors in lieu of steps whenever possible.

(B) The landing outside of each exit door must be essentially the same elevation as the interior floor and level for a distance equal to the door width plus at least four feet. Generally, the difference in floor elevation at an exterior door must not be over 1/2 inch with the outside slope not to exceed 1/4 inch per foot sloping away from the door for drainage on the exterior. In locations north of the +20 Fahrenheit Isothermal Line as defined in the ASHRAE Handbook of Fundamentals, the landing outside of all exit doors must be protected from ice build-up which would prohibit the door from opening or would be a slip hazard.

(C) Emergency egress lighting immediately outside of exit doors is required as a part of the building emergency lighting system. Photocell devices may be used to turn lights off during daylight hours.

(8) The requirements of an emergency lighting system must be in accordance with §19.361 of this division (relating to Electrical Requirements for New Facilities).

§19.356.Smoke Compartments (Subdivision of Building Spaces) for New Facilities.

(a) Smoke compartments must be as described in NFPA 101 and in this section.

(b) A facility must provide an exit sign on each side of corridor smoke barrier doors, unless otherwise directed by HHSC.

(c) The metal frame for a vision panel in a smoke barrier door must be steel, unless otherwise approved by HHSC. The bottom of a vision panel must be located no more than 43 inches above the floor. A facility must provide push or pull hardware on pairs of opposite swinging, double egress smoke barrier doors in corridors. Door leaves must align in the closed position.

(d) A facility must provide prominent signs on each side of smoke barrier walls in concealed spaces such as attics. The signs must state: "Warning: Smoke/fire barrier. Properly seal all openings."

(e) A facility must provide reasonable access to concealed smoke barrier walls for maintaining smoke dampers, where provided, so that walls and dampers can periodically be visually checked for conformance by facility staff, service personnel, and inspectors. A facility must provide access to both sides of the wall, and to all parts, end-to-end and top-to-bottom. A facility must provide prefabricated metal ceiling access panels, or their equivalent, that are at least 20 inches wide by 20 inches long. Ceiling access panels must be fire resistance-rated if required to maintain the fire resistance rating of a roof-ceiling or floor-ceiling assembly.

(f) A facility should design air systems to avoid ducts that penetrate smoke barrier walls, thus eliminating the need for smoke dampers which are often a problem to maintain in proper working condition.

§19.357.Fire Protection Systems for New Facilities.

(a) Fire protection systems include detection, alarm, and communication systems; fixed automatic extinguishment systems; and portable extinguishers. These systems must meet the requirements of NFPA 101, and of this section. Components must be compatible and listed by a nationally recognized testing laboratory for the intended use.

(b) Fire protection systems must meet the requirements of all applicable NFPA standards, such as NFPA 72 for alarm systems, as referenced in NFPA 101. Wiring and circuitry for alarm systems must meet the applicable requirements of NFPA standards, including NFPA 70.

(c) Emergency electrical systems must meet the requirements of this division.

(d) A fire alarm system must be installed, maintained, and repaired by an agent having a current certificate of registration from the State Fire Marshal's Office, according to state law. The agent must provide a Fire Alarm Installation Certificate to the facility as required by the State Fire Marshal's Office.

(f) A fire alarm system must be designed so that whenever a general alarm is sounded by activation of any device, such as a manual pull, smoke detector, fire sprinkler, or kitchen range hood extinguisher, the following must occur automatically:

(1) smoke and fire doors which are held open by approved devices must be released to close;

(2) air conditioning or heating distribution fans serving three or more rooms, or any means of egress, must shut down immediately;

(3) smoke dampers must close; and

(4) the location of an alarm-initiating device must be clearly indicated on the fire alarm control panel and all auxiliary panels.

(g) Fire alarm bells or horns must be located throughout the building for audible coverage. Flashing visual alarm lights must be installed to be visible in corridors and public areas, including dining rooms and living rooms, in a manner that will identify exit routes.

(h) A master control panel, or a fire alarm annunciator panel providing annunciation of all fire alarm signals, that annunciates the location of all alarm, trouble, and supervisory signals, by zone or device, must be visible at the main nurses' station. Fire alarm system components must be listed as compatible by a nationally recognized testing laboratory. In a zone-based fire alarm system alarm and trouble zones must align with smoke compartments and with floors in multi-story buildings.

(i) A remote annunciator panel, indicating location of alarm initiation and trouble indication, by zone or device, must be located at auxiliary or secondary nurses' stations on each floor, and must indicate the alarm condition of adjacent zones and the alarm conditions at all other nurses' stations.

(j) A manual pull station must be provided at all exits, in living rooms and dining rooms, and at or near a nurses' station.

(k) The flow and tamper conditions of a sprinkler system must be monitored by the fire alarm system.

(l) A kitchen range hood extinguisher, if required by NFPA 101 and this subchapter, must be interconnected with the fire alarm system. This interconnection may report as a separate zone on the fire alarm control panel or may be combined with other initiating devices located in the same zone as the range hood is located.

(m) Portable fire extinguishers must be provided throughout the facility as required by NFPA 10 and as determined by the local fire department and HHSC. The following requirements are applicable to fire extinguishers:

(1) Extinguishers in resident corridors must be located so the travel distance from any point to an extinguisher does not exceed 75 feet. Water-type extinguishers must have a capacity of at least 2 1/2 gallons. Dry chemical-type extinguishers must be at least 5 pound ABC extinguishers.

(2) An extinguisher must be installed on a hanger or bracket supplied with the extinguisher or mounted in an approved cabinet. A recessed cabinet is required for an extinguisher located in a corridor.

(3) An extinguisher must be protected from impact or dislodgement.

(4) An extinguisher having a gross weight not exceeding 40 pounds must be installed so the top of the extinguisher is located no more than five feet above the floor. An extinguisher having a gross weight greater than 40 pounds must be installed so the top of the extinguisher is located no more than 3-1/2 feet above the floor. In no case may the clearance between the bottom of an extinguisher and the floor be less than four inches.

(5) A portable extinguisher provided in a hazardous room must be located as close as possible to the exit door opening and on the latch side.

§19.358.Hazardous Areas for New Facilities.

(a) Protection from hazardous areas must be as required in NFPA 101, except as required or modified in this section. Gas-fired equipment must not be located in attic spaces, except under the following conditions:

(1) the area around the units must have a one-hour fire resistance rating;

(2) the enclosure must have sprinkler protection; and

(3) combustion and venting air must be ducted from the exterior in properly sized metal ducts.

(b) Laboratories must be protected according to NFPA 99.

(c) Cooking equipment must be protected according to NFPA 101.

(d) Doors to hazardous areas must have closers and must be kept closed unless provided with an approved hold-open device such as an alarm activated magnetic hold-open device, as permitted by NFPA 101. Doors must be single-swing type with positive latching hardware. View panels at laundry entrances must be provided and be of materials adequate to maintain the integrity of the door as allowed by NFPA 101.

§19.359.Structural Requirements for New Facilities.

(a) Every building and portion of a building must be capable of sustaining all dead and live loads in accordance with accepted engineering practices and standards.

(b) Special provisions must be made in the design of buildings in regions where local experience shows loss of life or extensive damage to buildings resulting from hurricanes, tornadoes, earthquakes, or floods.

(c) The facility is responsible for employing qualified personnel in the preparation of plan designs and engineering and in the construction of the facility to ensure that all structural components are adequate, safe, and meet the applicable construction requirements.

(d) The design of the structural system must be done by or under the direction of a professional structural engineer who is currently licensed by the Texas Board of Professional Engineers according to state law.

(e) The parts of the plans, details, and specifications covering the structural design must bear the legible seal of the engineer on the original drawings from which the prints are made.

(f) A building must be constructed according to the locally adopted building code. NFPA 101 must be used for fire safety requirements. Discrepancies between the codes must be called to the attention of HHSC for resolution.

(g) In the absence of a locally-adopted building code, a building must meet the requirements of a nationally recognized model building code. NFPA 101 must be used for fire safety requirements.

(h) Each building must be classified as to building construction type for fire resistance rating purposes according to NFPA 220 and NFPA 101.

(i) Enclosures of vertical openings between floors must meet NFPA 101.

(j) All interior walls, partitions, and roof structure in buildings of fire resistive and noncombustible construction must be according to NFPA 101.

(k) Building insulation materials, unless sealed on all sides and edges in an approved manner, must have a flame spread rating of 25 or less when tested according to ASTM E84 or UL 723.

§19.360.Mechanical Requirements for New Facilities.

(a) The design of the mechanical systems must be done by or under the direction of a licensed professional mechanical engineer approved by the Texas Board of Professional Engineers to operate in Texas, and the parts of the plans and specifications covering mechanical design must bear the legible seal of the engineer.

(1) Building services pertaining to utilities; heating, ventilating, and air-conditioning systems; vertical conveyors; and chutes must be according to NFPA 101.

(2) Required plumbing fixtures must be according to NFPA 101 and §19.354 of this division (relating to Architectural Space Planning and Utilization for New Facilities) in specific use areas.

(b) Plumbing.

(1) All plumbing systems must be designed and installed according to the requirements of the locally adopted plumbing code. In the absence of a locally-adopted plumbing code, a nationally recognized model plumbing code must be used. Any discrepancy between an applicable code and the requirements of this section must be called to the attention of HHSC for resolution.

(2) Supply systems must ensure adequate hot and cold water. In addition to hot water for kitchen and laundry use, a rule-of-thumb for hot water for resident use at 110 degrees Fahrenheit is to provide 6-1/2 gallons per hour per resident.

(3) Water must be supplied from a system approved by the Water Supply Division of TCEQ, or from a system regulated by an entity responsible for water quality in that jurisdiction as approved by the Water Supply Division of TCEQ.

(4) The sewage system must connect to a system permitted by the Water Quality Division of TCEQ, or to a system regulated by an entity responsible for water quality in that jurisdiction as approved by the Water Quality Division of TCEQ.

(5) The minimum ratio of fixtures to residents shall be as required in §19.354(c) of this division.

(6) For design calculation purposes, resident-use hot water must not exceed 110 degrees Fahrenheit at the fixture. For purposes of conforming to licensure requirements, an operating system providing water from 100 degrees Fahrenheit to 115 degrees Fahrenheit is acceptable. Hot water for laundry and kitchen use must be normally 140 degrees Fahrenheit. Hot water for dish sanitizing must be 180 degrees Fahrenheit.

(7) A facility must provide water closets with a seat height 17 inches to 19 inches from the floor for persons with disabilities.

(8) Showers for wheelchair residents must not have curbs. Tub and shower bottoms must have a slip-resistant surface. Shower and tub enclosures, other than curtains, must be of tempered glass, plastic, or other safe material.

(9) Drinking fountains must not extend into exit corridors.

(10) A facility must provide fixture controls easily operable by residents, such as lever-type controls.

(11) Plumbing fixtures for residents must be vitreous china or porcelain finished cast iron or steel unless otherwise approved by HHSC. Fiberglass bathing units are acceptable if they have a Class B flame spread rating when tested according to ASTM E84.

(12) Hand-washing sinks for staff use must be according to §19.354 of this division. A facility must provide lavatories adjacent to all water closets.

(13) A soiled utility room must be provided with a flushing device, such as a water closet with bedpan lugs; a spray hose with a siphon breaker or similar device, such as a high neck faucet with lever controls; and a deep sink that is large enough to submerse a bedpan. A sterilizer may be used for sanitizing in place of a deep sink.

(14) A facility must install a siphon breaker or back-flow preventer with any water supply fixture if the outlet or attachments may be submerged.

(15) A facility must provide clean-outs for waste piping lines located so there is the least physical and sanitary hazard to residents. To avoid contamination, clean-outs must open to the exterior, where possible.

(16) A facility with a boiler must meet all applicable requirements of Texas Health and Safety Code Chapter 755.

(c) Heating, Ventilating, and Air-Conditioning (HVAC) and Exhaust Systems

(1) General Requirements.

(A) HVAC systems must be designed and installed in accordance with ASHRAE standards, except as may be modified by this section.

(B) HVAC systems serving spaces or providing health functions covered by NFPA 99 must be commissioned as required by NFPA 99.

(C) HVAC systems must meet the requirements of NFPA 90A and NFPA 99.

(D) Mechanical plans must bear a statement verifying that the systems are designed according to NFPA 90A and NFPA 99.

(E) All air-supply and air-exhaust systems must be mechanically-operated.

(F) Ducts must be of metal or other approved noncombustible material. Cooling ducts must be insulated against condensation.

(G) Static pressures of systems must be within limits recommended by ASHRAE and the equipment manufacturer, both upstream and downstream.

(2) Heating and Cooling.

(A) A facility must provide heating and cooling by a central air conditioning system, or a substantially similar air conditioning system. Air conditioning systems must be designed, installed and functioning to maintain temperatures suitable for resident comfort within all areas used by residents.

(B) Design temperatures for heating and cooling must be as required by NFPA 99.

(C) A heating system must be able to maintain a temperature of at least 75 degrees Fahrenheit for all areas occupied by residents. For all other occupied areas, a heating system must be able to maintain a temperature of at least 72 degrees Fahrenheit.

(D) A cooling system must be able to maintain a temperature of not more than 78 degrees Fahrenheit.

(E) Occupied areas generating high heat, such as kitchens, must be provided with a sufficient cool air supply to maintain a temperature not exceeding 85 degrees Fahrenheit at the five-foot level. Supply air volume must be approximately equal to the air volume exhausted to the exterior for these areas.

(F) The location and design of air diffusers, registers, and return air grilles must ensure that residents are not in harmful or excessive drafts in their normal usage of the room.

(G) In geographic locations or interior room areas where extreme humidity levels are likely to occur for extended periods of time, apparatus for controlling humidity levels with automatic humidistat controls, preferably at 40-60% relative humidity, are recommended as part of central systems.

(H) Unvented space heaters and portable heating units must not be used. Heating devices or appliances must not be a burn hazard to residents.

(I) Gas-fired Heating Equipment.

(i) Systems using liquefied petroleum gas fuel must meet the requirements of the Railroad Commission of Texas and NFPA 58.

(ii) A combustion fresh air inlet must be provided to all gas or fossil fuel operated equipment in steel ducts or passages from outside the building according to NFPA 54. Combustion air must be provided through two permanent openings, one commencing within 12 inches of the floor and one commencing within 12 inches of the ceiling.

(iii) A room where gas-fired heating equipment is located must be vented to the exterior to exhaust heated ambient air in the room.

(3) Ventilation.

(A) Air systems must provide for mixing at least 10% outside air for the supply distribution. Blowers for central heating and cooling systems must be designed so that they may run continuously.

(B) A facility must locate an outdoor air intake according to NFPA 99 and as far as practical, but not less than 10 feet, from exhaust outlets or ventilating systems, combustion equipment stacks, medical vacuum systems, plumbing vent stacks, or areas which may collect vehicular exhaust and other noxious fumes.

(C) Fresh air inlets must be appropriately screened to prevent entry of debris, rodents, and animals. A facility must provide access to such screens for periodic inspection and cleaning to eliminate clogging or air stoppage.

(D) A facility must incorporate natural ventilation using windows or louvers, if possible and practical. Windows or louvers must have insect screens.

(E) The design of ventilation systems must provide air movement that is from clean to less clean areas. The ventilation systems must be designed and balanced to provide the pressure relationships to adjacent spaces as required by NFPA 99. The installer must furnish and certify a final engineered system air balance report for the completed system. The report must demonstrate the pressure relationships required by NFPA 99.

(F) Air supply to food preparation areas must not be from air that has circulated through places such as resident bedrooms and baths.

(G) Ventilation rates for all areas of a facility must be as required by NFPA 99. These rates are the minimum acceptable rates, but do not preclude the use of higher ventilation rates.

(H) The bottoms of ventilation openings must be at least three inches above the floor of any room.

(I) A door protecting a corridor or way of egress must not include an air transfer grille or louver. A corridor must not be used to supply air to or exhaust air from any room except that air from a corridor may be used as make-up air to ventilate a small toilet room, a janitor's closet, or a small electrical or telephone closet opening directly on a corridor, provided the ventilation can be accomplished by door undercuts not exceeding 3/4 inches.

(4) Exhaust.

(A) A facility must provide forced air exhaust of all room air directly to the outdoors according to NFPA 99.

(i) Areas such as laundries, kitchens, and dishwashing areas must exhaust all room air to the outdoors to remove excess heat and moisture and to maintain air flow in the direction of clean to soiled areas.

(ii) Unsanitary areas, including janitor's closets, soiled linen areas, soiled workroom and utility areas, and soiled areas of laundry rooms, must exhaust all room air outdoors.

(B) All exhaust must be continuously ducted to the exterior. Exhausting air into attics or other spaces is not permitted. Exhaust duct material must be metal.

(C) Exhaust hoods, ducts, and automatic extinguishers for kitchen cooking equipment must be according to NFPA 96, when required by NFPA 101.

(5) Integration with Building Construction.

(A) Smoke compartmentation must meet the requirements of §19.356 of this division (relating to Smoke Compartments (Subdivision of Building Spaces) for New Facilities).

(B) An air system must be designed as much as possible to avoid having ducts passing through fire walls or smoke barrier walls. All openings or duct penetrations in these walls must be according to NFPA 101.

(C) A smoke damper at a smoke barrier must close automatically upon activation of the fire alarm system to prevent the flow of air or smoke in either direction, when required by NFPA 101.

(D) A duct with a smoke damper must have maintenance panels for inspection. A maintenance panel must be removable without tools. A facility must provide access in the ceiling or side wall to facilitate smoke damper inspection. A facility must identify the location of dampers on the wall or ceiling of the occupied area below.

(E) A central air supply system or a system serving a means of egress must automatically and immediately shut down upon activation of the fire alarm system, except when such a system is part of an engineered smoke-removal system approved by HHSC.

(6) All ventilation or air-conditioning systems must be equipped with filters as required by NFPA 99. Filters must be of sufficient efficiency to minimize dust and lint accumulations throughout the system and building, including in supply and return plenums and ductwork. Filters must be easily accessible for routine changing or cleaning.

(d) Sprinkler systems. The following requirements are applicable to sprinkler systems:

(1) Sprinkler systems must be according to NFPA 13 and this subchapter.

(2) The design and installation of sprinkler systems must meet any applicable state laws pertaining to these systems and one of the following criteria:

(A) A sprinkler system must be designed by a qualified licensed professional engineer approved by the Texas Board of Professional Engineers to operate in Texas. The engineer must supervise the installation and provide written approval of the completed installation.

(B) A sprinkler system must be planned and installed according to NFPA 13 by a firm with a certificate of registration issued by the State Fire Marshal's Office. The RME's license number and signature must be included on the prepared sprinkler drawings.

(3) A facility must ensure all sprinkler piping is protected against freezing. The design of freeze protection must minimize the need for dependence on staff action or intervention to provide protection.

(e) Piped gas and vacuum systems. A piped medical gas or medical vacuum system, including a piped oxygen system, a vacuum system, or a drive gas system such as a compressed air system, must be designed, installed, operated and managed according to the requirements of NFPA 99 for new health care facilities, and based on the risk category determined by the assessment required by §19.300(i) of this subchapter (relating to General Requirements).

§19.361.Electrical Requirements for New Facilities.

(a) The design of the electrical systems must be done by or under the direction of a licensed professional electrical engineer approved by the Texas Board of Professional Engineers to operate in Texas, and the parts of the plans and specifications covering electrical design must bear the legible seal of the engineer.

(1) Utilities; heating, ventilating, and air-conditioning systems; vertical conveyors; and chutes must meet the requirements of NFPA 101, Chapter 9, Building Service and Fire Protection Equipment.

(2) Fire protection systems, including fire alarms, must meet the requirements of §19.357 of this division (relating to Fire Protection Systems for New Facilities).

(3) Lighting and outlets at resident bedrooms must meet the requirements of §19.354 of this division (relating to Architectural Space Planning and Utilization for New Facilities).

(b) Electrical systems.

(1) Electrical systems must meet the installation requirements of NFPA 70.

(2) Electrical systems must meet the performance requirements of NFPA 99.

(3) Branch circuits serving resident bedrooms must meet the requirements of NFPA 99.

(4) Essential Electrical System (EES).

(A) To provide electricity during an interruption of the normal electric supply, an emergency source of electricity must be provided and connected to certain circuits for lighting and power. All facilities covered by this section must comply with the EES requirements for new health care facilities in NFPA 99, based on the risk category determined by the assessment required by §19.300(i) of this subchapter (relating to General Requirements).

(i) If the determined risk category is Category 2, as defined in NFPA 99, the EES must meet the requirements for a Type II EES according to NFPA 99.

(ii) If the determined risk category is Category 1, as defined in NFPA 99, the EES must meet the requirements for a Type I EES according to NFPA 99.

(iii) A Type I EES serving a portion of a facility categorized as Category 1 risk is permitted to also serve a portion of the same facility categorized as Category 2 risk.

(iv) Distribution requirements for Type I or Type II EES must be according to NFPA 99.

(B) In addition to systems and devices required for the type of EES installed, the following systems and devices must be connected to the appropriate branches of the EES, according to NFPA 99:

(i) illumination for the following areas:

(I) means of egress, including areas immediately outside of exit doors;

(II) nurses' stations;

(III) medication rooms;

(IV) dining, living, and recreation rooms, including activity rooms;

(V) bathing rooms not directly connected to resident bedrooms;

(ii) exit signs and exit directional signs as required by NFPA 101;

(iii) alarm systems, including fire alarms and alarms required for nonflammable medical gas systems, if installed;

(iv) task illumination and selected receptacles at the generator set location;

(v) selected duplex receptacles including receptacles in such areas in resident corridors, at each resident bed location, in nurses' stations, and in medication rooms, including biologicals refrigerator;

(vi) nurse call systems;

(vii) resident room night lights;

(viii) a light and receptacle in an electrical room or a boiler room;

(ix) elevator cab lighting, control, and communication systems;

(x) all facility telephone equipment;

(xi) paging or speaker systems, if intended for communication during an emergency. Radio transceivers installed for emergency use must be capable of operating for at least one hour upon total failure of both normal and emergency power.

(xii) Heating Equipment to Provide Heating for Resident Bedrooms. A facility must provide heating in resident bedrooms during disruption of the normal power source unless one of the following conditions applies:

(I) The outside design temperature is higher than 20 degrees Fahrenheit (-6.7 degrees Celsius);

(II) The outside design temperature is lower than 20 degrees Fahrenheit (-6.7 degrees Celsius) and, when selected rooms are provided for the needs of all residents, then only such rooms need be heated.

(III) The facility is served by a dual source of normal power.

(xiii) A facility must provide throw-over facilities to allow the temporary operation of any elevator for the release of passengers in instances when an interruption of power would result in elevators stopping between floors.

(C) The emergency lighting must be automatically in operation within ten seconds after the interruption of the normal power supply. Emergency egress lighting must not be switched.

(D) Receptacles and switches connected to emergency power must have red faceplates.

(E) The design and installation of emergency motor generators must be according to NFPA 37, NFPA 99, and NFPA 110.

(i) Nursing facilities and contiguous or same-site facilities, such as hospitals and assisted living facilities, may be served by the same generating equipment so long as the integrity of the individual facilities' emergency or back-up power systems is not compromised. This permission applies only to the generating equipment and not to automatic or manual transfer switches or to distribution systems.

(ii) Generators must be located a minimum of three feet from a combustible exterior building finish and a minimum of five feet from a building opening, if located on the exterior of the building.

(iii) A facility must provide a noncombustible protective cover or the protection recommended by the manufacturer when a generator is located on the exterior of the building.

(iv) Stored fuel capacity must be sufficient for not less than four hours of required generator operation.

(v) Motor generators fueled by public utility natural gas must have the capability to be switched to an alternate fuel source according to NFPA 70.

(F) The wiring circuits for the EES must be kept entirely independent of all other wiring and must not enter the same race-ways, boxes, or cabinets according to NFPA 70.

(G) A facility must meet the requirements for the administration of the EES, including maintenance and testing of the EES, according to the requirements of NFPA 99 for the type of EES installed, and the requirements of §19.326(d) of this subchapter.

(5) General Lighting Requirements. General lighting requirements are as follows:

(A) All spaces occupied by people, machinery, equipment, approaches to buildings, and parking lots must have lighting.

(B) All quality, intensity, and type of lighting must be adequate and appropriate to the space and all functions within the space.

(C) Minimum lighting levels can be found in the Illuminating Engineering Society Lighting Handbook, latest edition, but must not be lower than the following.

(i) Minimum illumination must be 20-foot candles in resident rooms, corridors, nurses' stations, dining rooms, lobbies, toilets, bathing facilities, laundries, stairways, and elevators. Illumination requirements for these areas apply to lighting throughout the space and are measured at approximately 30 inches above the floor anywhere in the room.

(ii) Minimum illumination for over-bed reading lamps, medication-preparation or storage area, kitchens, and nurses' station desks must be 50 foot candles. Illumination requirements for these areas apply to the task performed and are measured on the task.

(D) A facility must provide general illumination, with provisions for reduction of light levels at night, in a nursing unit corridor.

(E) A facility must provide a basket wire guard or other suitable shield to prevent breakage or contact between combustible materials and exposed incandescent light bulbs, or other high-heat generating lamps, in closets or other similar spaces.

(F) Exposed incandescent or fluorescent bulbs are not permitted in food service or other areas where glass fragments from breakage may get into food, medications, linens, or utensils. A facility must protect all fluorescent bulbs with a shield or catcher to prevent bulb drop-out.

(6) Receptacles or convenience outlets.

(A) Receptacles in bedrooms must meet the requirements in §19.354(a)(7) of this division (relating to Architectural Space Planning and Utilization for New Facilities).

(B) Duplex receptacles for general use must be installed in corridors spaced not more than 50 feet apart and within 25 feet of ends of corridors. A facility must provide at least one duplex receptacle with emergency electrical service in each resident corridor.

(C) Receptacles must be provided with emergency electrical service for essential needs such as medication refrigerators and systems or equipment whose failure is likely to result in major injury or death to a resident.

(D) Receptacles in the remainder of the building must be sufficient to serve the present and future needs of residents and equipment.

(E) Location of receptacles, horizontally and vertically, should be carefully planned and coordinated with the expected designed use of furnishings and equipment to maximize their accessibility and to minimize conditions such as beds or furniture being jammed against plugs used in the outlets.

(F) Exterior receptacles must be an approved waterproof type.

(G) A facility must provide ground fault interruption protection at appropriate locations such as at whirlpools and other wet areas according to the NFPA 70.

(c) Nurse call systems.

(1) A nurse call system consists of power units, annunciator control units, corridor dome stations, emergency call stations, bedside call stations, and activating devices. The units must be compatible and laboratory listed by a nationally recognized testing laboratory for the system and use intended.

(2) Each resident bedroom must be served by at least one call station and each bed must be provided with a call switch. Two call switches serving adjacent beds may be served by one call station. Each call entered into the system must activate a corridor dome light above the bedroom, bathroom, or toilet room corridor door, a visual signal at the nurses' station which indicates the room from which the call was placed, and a continuous or intermittent continuous audible signal of sufficient amplitude to be clearly heard by nursing staff. The amplitude or pitch of the audible signal must not be such that it is irritating to residents or visitors. The system must be designed so that calls entered into the system may be canceled only at the call station. Intercom-type systems which meet this requirement are acceptable.

(3) A nurse call system that provides two-way voice communication must be equipped with an indicating light at each call station which lights and remains lighted as long as the voice circuit is operating.

(4) A nurse call emergency switch must be provided for resident use at each resident's toilet, bath, and shower. These switches must be usable by residents using the fixtures and by a collapsed resident lying on the floor.

(5) A nurse call system must meet UL 1069 for the core system of power units, annunciator control units, corridor dome lights, emergency call stations, bedside call stations, and activating devices; and

(6) An ancillary or supplemental device, including a pocket pager or other portable device, is not required to meet UL 1069.

§19.362.Miscellaneous Details for New Facilities.

(a) Safety related details. A high degree of safety for the occupants is needed to minimize accidents more apt to occur with the residents in a nursing facility. Consideration must be given to the fact that many have impaired vision, hearing, spatial perception, and ambulation.

(1) Hazards such as sharp corners, edges, or unexpected steps must be avoided.

(2) Drinking fountains, telephone booths, vending machines, and portable equipment must not restrict corridor traffic or reduce corridor width.

(3) Windows must be designed to prevent residents from accidentally falling through the windows.

(4) Doors that normally stay open or are frequently used must not swing out into the corridor unless required by NFPA 101 or another provision of this subchapter. Alcoves must be provided for doors that must swing outward toward a corridor or way of egress.

(5) Safety glass must be used where required by local building codes or NFPA 101.

(6) Thresholds and expansion joint covers must be flush with the floor surface to facilitate use of wheelchairs and carts.

(7) A facility must provide grab bars at all residents' toilets, showers, tubs, and sitz baths. The bars must be 1-1/4 to 1-1/2 inches in diameter and must have 1-1/2 inch clearance to walls. Bars must have sufficient strength and anchorage to sustain a concentrated load of 250 pounds. Grab bar standards must comply with standards adopted under the Americans with Disabilities Act.

(8) Handrails must be provided on both sides of corridors used by residents, and must meet the following:

(A) A clear distance of 1-1/2 inches must be provided between the handrail and the wall;

(B) Handrails must be securely mounted to withstand downward forces of 250 pounds;

(C) Handrails may be omitted on wall segments less than 18 inches in length;

(D) A window must be considered part of the wall segment in which it is installed and must not interrupt the continuity of the handrail;

(E) Handrails must be mounted 33 inches to 36 inches above the floor, and must comply with standards adopted under the Americans with Disabilities Act and with TAS.

(F) Where fixed furniture is provided in corridors, as permitted by NFPA 101 and §19.326(n) of this subchapter (relating to Safety Operations), the handrail may be omitted, provided the handrail terminates no more than 18 inches from the fixed furniture.

(9) Ends of handrails and grab bars must be constructed with return ends to walls to prevent snagging the clothes of residents.

(10) Ceiling fan blades must be at least seven feet above the floor and be located so as not to interfere with the operation of any ceiling-mounted smoke detectors.

(b) General details.

(1) Concrete floors, whether finished by sealant, or similar product, must not be used as the finished floor unless specifically approved in writing by HHSC. An exception is mechanical equipment rooms and maintenance or similar areas.

(2) Sound separation must be provided in corridor walls and resident room party walls. Provide a minimum Sound Transmission Class of 30 per ASTM E90.

(3) A facility must provide attic access for building maintenance and inspection.

(4) A facility must provide illumination and a safe platform in the attic at all attic access locations.

§19.363.Elevators for New Facilities.

A facility providing resident-use areas, such as bedrooms, dining rooms, or recreation areas, or resident services, such as diagnostic services or therapy services, located on other than the main entrance floor must provide at least one elevator that complies with the requirements of ASME A17.1.

(1) Number of elevators.

(A) When one to 60 resident beds are located on any floor other than the main entrance floor, a facility must provide at least one hospital-type elevator.

(B) When 61 to 200 resident beds are located on any floor other than the main entrance floor or when major inpatient services are located on a floor other than those containing resident beds, a facility must provide at least two elevators, one of which must be hospital-type.

(C) When 201 to 350 resident beds are located on any floor other than the main entrance floor, or when major inpatient services are located on a floor other than those containing resident beds, a facility must provide at least three elevators, one of which must be hospital-type.

(D) A facility with a capacity of more than 350 resident beds must determine the number of elevators required from a study of the facility plan and the estimated vertical transportation requirements.

(E) Elevator service may be reduced, with the approval of HHSC, for those floors that provide only partial inpatient services.

(2) Cars and platforms. Cars of hospital-type elevators must have inside dimensions that will accommodate a resident bed and attendants and must be at least five feet wide by seven feet six inches deep. The car door must have a clear opening of not less than three feet eight inches.

(3) Leveling. Elevators must be equipped with an automatic leveling device of the two-way automatic maintaining type with an accuracy of 1/2 inch.

(4) Operation. Elevators, except freight elevators, must be equipped with a two-way special service switch to permit cars to bypass all landing button calls and be dispatched directly to any floor.

(5) Accessibility provisions. Elevator controls, alarm buttons, and telephones must be accessible to and usable by individuals with disabilities as required by the Americans with Disabilities Act.

(6) Protection from fire. Elevator call buttons, controls, and door safety stops must be of a type that will not be activated by heat or smoke. Door openings must meet the requirements of the NFPA 101 for protection of vertical openings.

(7) Field inspection and tests. Inspections and tests must be made and the facility must be furnished written certification that the installation meets the requirements set forth in this section and all applicable safety regulations and codes.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705012

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334


SUBCHAPTER R. PHYSICAL PLANT AND ENVIRONMENT

40 TAC §19.1701

The amendments are proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The amendments implement Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.1701.Physical Environment.

The facility must be designed, constructed, equipped, and maintained to protect the health and ensure the safety of residents, personnel, and the public.

(1) Life safety from fire.

(A) The facility must meet the applicable provisions of NFPA 101 as designated by the federal law and regulations. [the 1985 edition of the Life Safety Code of the National Fire Protection Association (NFPA) as designated by federal law and regulations. The Life Safety Code is available for inspection at the Office of the Federal Register Information Center, Washington, D.C. Copies may be obtained from the NFPA, Batterymarch Park, Quincy, Massachusetts 02200. The New Health Care Occupancies chapter of the Life Safety Code is applicable to new construction, conversions of existing unlicensed buildings, remodeling, and additions. The Existing Health Care Occupancies chapter of the Life Safety Code is applicable to existing nursing homes. is applicable to an existing nursing homes.]

(B) After consideration of the findings of HHSC, CMS [the Texas Department of Human Services (DHS) for Medicare/Medicaid certified facilities, the Health Care Financing Administration (HCFA)] may waive specific provisions of NFPA 101 [the Life Safety Code] which, if rigidly applied, would result in unreasonable hardship on the facility, but only if the waiver does not adversely affect the health and safety of residents or personnel.

(2) Emergency power.

(A) An emergency electrical power system must supply power adequate at least for lighting all entrances and exits; equipment to maintain the fire detection, alarm, and extinguishing systems; and any systems or equipment whose failure is likely to cause major injury or death to a resident [life-support systems] if the normal electrical supply is interrupted.

(B) When systems or equipment whose failure is likely to cause major injury or death to a resident [life support systems] are used, the facility must provide emergency electrical power with an emergency generator defined in NFPA 99 [(as defined in NFPA 99, Health Care Facilities)] located on the premises.

(3) Space and equipment. The facility must:

(A) provide sufficient space and equipment in dining, health services, recreation, living, and program areas to enable staff to provide residents with needed services as required by these standards and as identified in each resident's assessment and plan of care; [and]

(B) maintain all essential mechanical, electrical, and patient care equipment in safe operating condition; and[.]

(C) conduct regular inspections of all bed frames, mattresses, and bed rails, if any, as part of a regular maintenance program to identify areas of possible entrapment. When bed rails and mattresses are used and purchased separately from the bed frame, the facility must ensure that the bed rails, mattress, and bed frame are compatible.

(4) Resident rooms. Resident rooms must be designed and equipped for adequate nursing care, comfort, and privacy of residents.

(A) Bedrooms must:

(i) accommodate no more than four residents for a facility that receives approval of construction or reconstruction plans by state and local authorities or are newly certified before November 28, 2016;

(ii) accommodate no more than two residents for a facility that receives approval of construction or reconstruction plans by state and local authorities or are newly certified on or after November 28, 2016;

(iii) [(ii)] measure at least 80 square feet per resident in multiple resident bedrooms and at least 100 square feet in single resident rooms;

(iv) [(iii)] have direct access to an exit corridor;

(v) [(iv)] be designed or equipped to ensure [assure] full visual privacy for each resident;

(vi) [(v)] in facilities initially certified after March 31, 1992, except in private rooms, have ceiling-suspended curtains for each bed, which extend around the bed to provide total visual privacy, in combination with adjacent walls and curtain;

(vii) [(vi)] have at least one window to the outside; and

(viii) [(vii)] have a floor at or above grade level.

(B) The facility must provide each resident with:

(i) a separate bed of proper size and height for the safety and convenience of the resident;

(ii) a clean, comfortable mattress;

(iii) bedding appropriate to the weather and climate; and

(iv) functional furniture appropriate to the resident's needs and individual private closet space in the resident's bedroom with clothes racks and shelves accessible to the resident.

(C) HHSC [DHS] may permit variations in requirements specified in paragraph (1)(A) and (B) of this section relating to rooms in individual cases when the facility demonstrates in writing that the variations:

(i) are required by the special needs of the residents; and

(ii) will not adversely affect residents' health and safety.

(5) Bathroom [Toilet facilities]. Each resident room must be equipped with or located near toilet and bathing facilities. For a facility that receives approval of construction from state and local authorities or are newly certified on or after November 28, 2016, each resident room must have its own bathroom equipped with at least a commode and sink.

(6) Nurse [Resident] call system. The facility [nurse's station] must be adequately equipped to allow residents to call for staff assistance [receive resident calls] through a communication system which relays the call directly to a staff member or to a centralized staff work area [from]:

(A) before November 28, 2019, from each resident's room;

(B) [(A)] beginning November 28, 2019, from each resident's beside [resident rooms]; and

(C) [(B)] from toilet and bathing facilities.

(7) Dining and resident activities. The facility must provide one or more rooms designated for resident dining and activities. These rooms must be:

(A) well-lighted;

(B) well ventilated, with nonsmoking areas identified;

(C) adequately furnished; and

(D) sufficiently spacious to accommodate all activities.

(8) Other environmental conditions. The facility must provide a safe, functional, sanitary, and comfortable environment for residents, staff, and the public. The facility must:

(A) establish procedures to ensure that water is available to essential areas when there is a loss of normal water supply;

(B) have adequate outside ventilation by means of windows, mechanical ventilation, or a combination of the two;

(C) equip corridors with firmly secured handrails on each side; and

(D) maintain an effective pest control program so that the facility is free of pests and rodents.

(E) establish policies, according to applicable federal, state, and local laws and regulations, regarding smoking, smoking areas, and smoking safety that also take into account non-smoking residents.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705014

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334


SUBCHAPTER W. CERTIFICATION OF FACILITIES FOR CARE OF PERSONS WITH ALZHEIMER'S DISEASE AND RELATED DISORDERS

40 TAC §19.2208

The amendment is proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies and Texas Health and Safety Code, §242.033, which authorizes licensing of nursing facilities.

The amendment implement Texas Government Code, §531.0055 and Texas Health and Safety Code, §242.037.

§19.2208.Standards for Certified Alzheimer's Facilities.

(a) General requirements.

(1) Residents eligible for admission to Alzheimer's units will have a diagnosis of Alzheimer's disease or related dementing disorders. The need for admission to the Alzheimer's unit must be documented by the attending physician.

(2) Security and safety measures are provided to prevent the residents from harming themselves or leaving designated indoor or outdoor areas without supervision by staff members or other responsible escort. Policies will also be provided to prevent abuse of the rights and property of other residents.

(3) Understanding that security measures to prevent wandering may infringe on resident rights, care must be exercised in the use of physical restraint or barriers, or chemical restraint. The specific purpose and time-limited orders for any additional physical or chemical restraint must be written and renewed according to facility policy. The frequency of such renewal must not exceed 60 days.

(4) Activity and recreational programs will be provided and utilized to the maximum extent possible for all residents in order to promote physical well being and help with behavior management. The program must be tailored to the individual resident's needs, being appropriate for his specific impairment and stage of disease.

(5) Residents are provided privacy in treatment and in care for his or her personal needs.

(6) Access to outdoor areas must be provided and such areas must have suitable walls or fencing that do not allow climbing or present a hazard. [If the enclosed area involves exit doors from the building, the following must be met.]

(A) The minimum distance of the fence from the building must be:

(i) 8'-0" from the building if [exit if the fence is parallel to the building and] there are no window openings; or

(ii) 20'-0" from a bedroom window [window(s)] if the fencing is solid and 15'-0" from a bedroom window [window(s)] if the fencing is open similar to chain-link [(parallel with building walls)].

(B) The minimum area of enclosure must be 800 square feet. Exception: If the enclosed space has an area of refuge which extends beyond a minimum of 20'-0" from the building and the area of refuge is equal to or greater than 15 square feet per resident for the wings [wing(s)] enclosed.

(C) An exit gate [Exit gate(s)] from the enclosure to a public way must comply with the following criteria.

(i) A minimum of two gates must be remotely located from each other if only one wing or exit is enclosed. If the enclosed space between the building and the fence is less than 10'-0", one of the remotely located exit gates must be directly in line with the building exit door.

(ii) If doors into two or more smoke compartments [wings] are enclosed by the fencing and entry access can be made at each door, a minimum of one gate is required.

(iii) The gates [gate(s)] must be located to provide a continuous path of travel from the building exit to a public way including walkways of concrete, asphalt, or other approved materials suitable for wheeled beds, chairs, and stretchers. Gates and walkways must be wide enough to accommodate beds and wheelchairs.

(D) If gates are locked, the gate nearest the exit from the building must be locked with an electronic lock which operates the same as electronic locks on corridor control doors or [and/or] exit doors and is in compliance with the NFPA 70 [National Electrical Code] for exterior exposure. Additional gates may also have electronic locks or may have keyed locks provided staff carry the keys. A gate between two enclosed wings may have a keyed lock provided access can be gained into both wings from the exterior.

(E) Fencing material must comply with the following:

(i) Wood--no limit on height, should be constructed with posts and support members on the exterior to deter residents from climbing over fence.

(ii) Wire--if chain-link type fence, provide protection on top of the fence to prevent resident injury from pointed wire.

(7) Any security measures taken to provide for the safety of wandering patients should be as unobtrusive as possible.

(8) Toxic garden plantings must be prohibited.

(b) Staff.

(1) All assigned staff members and consultants to the unit must have documented training in the care and handling of Alzheimer's residents, including at least:

(A) eight hours of orientation to cover the following:

(i) facility Alzheimer's policies;

(ii) etiology and treatment of dementias;

(iii) stages of Alzheimer's disease;

(iv) behavior management; and

(v) communication; and

(B) four hours of the required annual continuing education must be in Alzheimer's disease or related disorders.

(2) A social worker, licensed or temporarily licensed by the State of Texas, must be utilized as Community/Family Support Coordinator whose functions must include:

(A) evaluation of resident's initial social history on admission;

(B) utilization of community resources;

(C) conducting quarterly family support group meetings; and

(D) identification and utilization of existing Alzheimer's network.

(3) Specially trained staff will be maintained and assigned exclusively to the Alzheimer's unit. Although emergency scheduling may require substitution of staff, every effort should be made to provide residents with familiar staff members in order to minimize resident confusion. Staff training will meet at least the minimum requirements in subsection (a)(2) of this section.

(4) Required overall minimum staffing ratios for direct care in certified Alzheimer's units in nursing facilities are as follows.

Figure: 40 TAC §19.2208(b)(4)(No change.)

(c) Physical plant. Alzheimer's units must be segregated from other parts of a facility with appropriate security devices and [and/or] measures and must meet the following requirements.

(1) Living rooms, day rooms, lounges, and sun rooms, must be provided on a sliding scale as follows.

Figure: 40 TAC §19.2208(c)(1)(No change.)

(2) A dining area must provide a minimum of ten square feet per resident with at least one exterior window [window(s)].

(3) Bathtubs or showers must be provided at a minimum rate of one for each 20 beds in nursing facilities.

(4) Water closets and lavatories must be provided at a minimum rate of:

(A) one for each eight beds in nursing facilities; and

(B) one for each 15 clients in adult day health care facilities.

(5) In all facilities a lavatory must be provided in or adjacent to each area having a water closet.

(6) A monitoring station for staff must be provided with the following:

(A) writing surface such as a desk or built-in counter top;

(B) chair;

(C) task illumination;

(D) communication system such as a telephone or intercom to the main staff station of the facility; and

(E) storage for resident records such as a lockable metal cabinet or storage closet.

(7) Two remote exits must be provided in order to meet NFPA 101 [Life Safety Code] requirements.

(8) Corridor control doors, if used for security of the residents, must be similar to smoke doors, that is, be 44 inches in width each leaf, and must swing in opposite directions. A latch or other fastening device on a door must be provided with a knob, handle, panic bar, or other simple type of releasing device, the method of operation of which is obvious, even in darkness.

(9) Locking devices may be used on the control doors provided the following criteria are met.

(A) The building must have a complete sprinkler system and [and/or] a complete fire alarm system including a corridor smoke detection system or smoke detectors located in each resident bedroom, which are interconnected into the fire alarm system.

(B) The locking device must be electronic and must be released when the following occurs:

(i) activation of the fire alarm or sprinkler systems;

(ii) power failure to the facility; and

(iii) pressing a button located at the main staff station and at the monitoring station.

(C) Key pad or buttons may be located at the control doors for routine use by staff for service.

(D) Upon loss of primary power, the control doors must not automatically reset on emergency power, but must be reset by manual means only. An exception is when the control doors are not in an exit access, they may automatically reset on emergency power. There must be at least two remote exits [(]on each side of the control doors[)] which meet all of the requirements for exits, such as proper width of egress and proper size of exterior doors, according to the NFPA 101. [1985 Life Safety Code.]

(E) Staff must be trained in the methods of releasing the locking device.

(10) The exit doors [door(s)] may be equipped with a locking device provided one of the following methods is met:

(A) the locking arrangement meets the requirements for Delayed Egress Locking Systems in NFPA 101 [Section 5-2.1.6 of the Life Safety Code], or

(B) the following criteria which have been approved by CMS: [the Health Care Financing Administration (HCFA):]

(i) The building must have a complete fire alarm system including a corridor smoke detection system or smoke detectors located in each resident bedroom and [and/or] a complete sprinkler system which are interconnected to the fire alarm system.

(ii) The locking device must be electro-magnetic; that is, no type of throw-bolt is to be used.

(iii) The device must release when the following occurs [occur(s)]:

(I) activation of the fire alarm or sprinkler system;

(II) power failure to the facility; and

(III) activating a switch located at the main staff station and at the monitoring station.

(iv) Upon loss of primary power, the exit doors [door(s)] must not automatically reset on emergency power, but must be reset by manual means only.

(v) A manual fire alarm pull must be located within 5'0" of the exit door with a sign stating, "Pull to release door in an emergency."

(vi) A key pad, card, control button, or other electronic device may be located at the exit door for routine use by staff.

(vii) Staff must [are to] be trained in the methods of releasing the locking device.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 8, 2017.

TRD-201705015

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: January 21, 2018

For further information, please call: (512) 438-3334