TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 9. TEXAS COMMISSION ON JAIL STANDARDS

CHAPTER 263. LIFE SAFETY RULES

SUBCHAPTER A. GENERAL

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §263.1, concerning life safety in county jails. The proposed rule adds language to 37 TAC §263.1, that clarifies the requirement to, and ensures that, county jails comply with standards as adopted by the Texas Department of Insurance. This language is proposed following feedback from the State Fire Marshal's Office during TCJS' four-year rule review, which was evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Brandon Wood, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Brandon Wood, Executive Director, has determined, for each year of the first five-year period the rule is in effect, that the rule will have no impact on government programs, employee positions, legislative appropriations to the agency, fees paid to the agency, the number of individuals subject to the rules, the state’s economy.

Brandon Wood, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be enhanced clarity in interpreting and enforcing this rule in county jails. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§ 263.1. General Purpose.

All facilities shall be designed, constructed, maintained, staffed, and operated to:

(1) provide for proper compartmentation;

(2) provide for the prompt detection, alarm, and extinguishing of fires and the avoidance of any explosion;

(3) provide for a mechanical smoke management system and other emergency equipment;

(4) provide (and file with the Commission) plans, programs, drills, and training for emergencies, as required under §263.40 and §263.41 of this title (relating to Plans and Drills for Emergencies).

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 May 12, 2025.

TRD-202501603

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: June 22, 2025

For further information, please call: (512) 850-9668

SUBCHAPTER B. DESIGN AND MATERIALS

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §263.12, concerning life safety in county jails. The proposed rule adds language to 37 TAC §263.12, which updates the references to the National Fire Protection Association's standards and adds language as suggested by the State Fire Marshal's Office. This language is proposed following feedback from the State Fire Marshal's Office, which was evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Brandon Wood, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Brandon Wood, Executive Director, has determined, for each year of the first five-year period the rule is in effect, that the rule will have no impact on government programs, employee positions, legislative appropriations to the agency, fees paid to the agency, the number of individuals subject to the rules, the state’s economy.

Brandon Wood, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule is enhanced compliance to national standards of fire protection. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with proposed amendment.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§ 263.12. Additions/New Construction.

New facilities, new additions, and major renovations to existing facilities shall:

(1) be constructed of fire resistive, noncombustible materials. Single story, minimum security facilities may use wood framing when provided as part of an Underwriters Laboratory fire rated assembly, appropriate for the application, provided exterior walls, interior walls, and ceilings are of fire resistive materials. Roof materials shall meet Class C criterion unless superseded by local code requirements;

(2) have dividing fire and smoke partitions between floors, between compartments, and in corridors with self-closing fire doors or normally closed power operated swinging or sliding detention doors;

(3) have Class A interior finish materials on all interior surfaces (flame spread 0-25, smoke developed 0-450 in accordance with ASTM E84 "Standard Test Method for Surface Burning Characteristics of Building Materials" and UL 723 standards [ NFPA 255, "Method of Test of Surface Burning Characteristics of Building Materials" ]);

(4) be designed for isolation of fires, riots, or other emergencies;

(5) provide means of egress components consisting of doors, stairs, and smoke proof enclosures (in multistory facilities), horizontal exits, and passageways in accordance with NFPA 101 Life Safety Code §14.2 concerning Means of Egress Components as appropriate for the occupancy type such as Business or Detention. [ . ]

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 May 12, 2025.

TRD-202501604

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: June 22, 2025

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §263.15, concerning the illumination of exits in county jails. The proposed rule adds language to 37 TAC §263.15, that updates the requirements for illumination of discharge stairways to conform with the State Fire Marshal's Office recommended comments received during TCJS' four-year rule review. This language is proposed following feedback from the State Fire Marshal's Office, which was evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Brandon Wood, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Brandon Wood, Executive Director, has determined, for each year of the first five-year period the rule is in effect, that the rule will have no impact on government programs, employee positions, legislative appropriations to the agency, fees paid to the agency, the number of individuals subject to the rules, the state's economy.

Brandon Wood, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be enhanced life safety of inmates, corrections staff, and visitors in county jails. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with proposed amendment.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§ 263.15. Illumination of Exits.

All corridors and passages to exits, the exits themselves, [ discharging stairways, ] and other means of egress shall be continuously illuminated at all points with not less than 1.0 foot candle measured at the floor, and shall be so arranged that the failure of any lighting unit or bulb will not leave any area in darkness. Discharging stairways shall be continuously illuminated at all points with not less than 10 foot candle measured at the floor, and shall be so arranged that the failure of any lighting unit or bulb will not leave any area in darkness.

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 May 12, 2025.

TRD-202501605

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: June 22, 2025

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §263.19, concerning life safety in county jails. The proposed rule adds language to 37 TAC §263.19, correcting grammatical errors and clarifying a reference with the full title. This language is proposed following feedback from the State Fire Marshal's Office, which was evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Brandon Wood, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Brandon Wood, Executive Director, has determined, for each year of the first five-year period the rule is in effect, that the rule will have no impact on government programs, employee positions, legislative appropriations to the agency, fees paid to the agency, the number of individuals subject to the rules, the state’s economy.

Brandon Wood, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule is enhanced compliance to national standards of fire protection. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with proposed amendment.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§ 263.19. Hazardous Area Protection.

(a) Areas used for general storage, boiler or furnace rooms, fuel storage, storage for chemicals or cleaning supplies, maintenance shops including woodworking and painting areas, laundries, and kitchens, shall be separated from other parts of the building with two-hour [ two hour ] fire resistive construction with openings protected with automatic or self- closing one-half hour fire rated assemblies. When the hazardous area is protected by automatic sprinkler protection, the separation may be of one hour fire resistive construction with openings protected with automatic or self-closing 20-minute [ self closing 20 minute ] fire rated assemblies.

(b) Cooking facilities producing grease laden vapors shall have an approved automatic fire extinguishing system [ systems ] protecting cooking surfaces and hood and duct systems serving the cooking equipment in accordance with NFPA 96 , Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations .

(c) Where hazardous processes or storage areas are of such a character as to introduce an explosion potential, explosion venting or an explosion suppression system specifically designed for the hazard shall be provided. The use of combustible supplies and permitting of hazardous material and trash to collect shall be minimized and avoided where possible.

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 May 12, 2025.

TRD-202501606

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: June 22, 2025

For further information, please call: (512) 850-9668

SUBCHAPTER C. DETECTION AND ALARM SYSTEMS

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §263.30, concerning life safety in county jails. The proposed rule adds language to 37 TAC §263.30, which clarifies references and conforms to recommended language as provided by the State Fire Marshal's Office during TCJS' four-year rule review. This language is proposed following feedback from the State Fire Marshal's Office, which was evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Brandon Wood, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Brandon Wood, Executive Director, has determined, for each year of the first five-year period the rule is in effect, that the rule will have no impact on government programs, employee positions, legislative appropriations to the agency, fees paid to the agency, the number of individuals subject to the rules, the state’s economy.

Brandon Wood, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be enhanced sanitation in county jail holding cells. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§ 263.30. General.

An automatic fire detection and alarm system shall be provided for all facilities. The system shall include:

(1) automatic fire detection for all areas of the facility;

(2) manual fire alarm pull station for staff use;

(3) audio and visual devices shall be installed [ visual and audible annunciation of all fire detection devices and fire extinguishing systems ] at continuously staffed locations.

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 May 12, 2025.

TRD-202501607

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: June 22, 2025

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §263.32, concerning periodic testing of fire alarm systems in county jails. The proposed rule adds language to 37 TAC §263.32, which specifies how fire alarm systems shall be tested. This language is proposed following feedback from the State Fire Marshal's Office, which was evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Brandon Wood, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Brandon Wood, Executive Director, has determined, for each year of the first five-year period the rule is in effect, that the rule will have no impact on government programs, employee positions, legislative appropriations to the agency, fees paid to the agency, the number of individuals subject to the rules, the state's economy.

Brandon Wood, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule is enhanced clarity in interpreting and enforcing this rule. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with proposed amendment.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§ 263.32. Periodic Testing.

The fire alarm system shall [ systems should ] be tested in accordance with the inspection, testing, and maintenance schedules in NFPA 72, National Fire Alarm and Signaling Code [ the manufacturer's recommendation, ] and [ but ] shall be tested at least on calendar quarterly intervals.

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 May 12, 2025.

TRD-202501608

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: June 22, 2025

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §263.33, concerning fire alarm system notification of others in county jails. The proposed rule adds language to 37 TAC §263.33, which adds a reference to the National Fire Protection Association regarding how fire alarm systems shall be supervised. This language is proposed following comments from the State Fire Marshal's Office, which were evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Brandon Wood, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Brandon Wood, Executive Director, has determined, for each year of the first five-year period the rule is in effect, that the rule will have no impact on government programs, employee positions, legislative appropriations to the agency, fees paid to the agency, the number of individuals subject to the rules, the state’s economy.

Brandon Wood, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule is enhanced compliance to national standards of fire protection. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with proposed amendment.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§ 263.33. Notification of Others.

The fire alarm system shall be supervised in accordance with NFPA 72, National Fire Alarm and Signaling Code, to facilitate the notification of [ should provide annunciation at ] the local fire department.

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 May 12, 2025.

TRD-202501609

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: June 22, 2025

For further information, please call: (512) 850-9668

SUBCHAPTER E. LIFE SAFETY AND EMERGENCY EQUIPMENT

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §263.50, concerning emergency electrical power in county jails. The proposed rule adds language to 37 TAC §263.50, which corrects grammatical mistakes in this rule. This language is proposed following feedback from the State Fire Marshal's Office, which was evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Brandon Wood, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Brandon Wood, Executive Director, has determined, for each year of the first five-year period the rule is in effect, that the rule will have no impact on government programs, employee positions, legislative appropriations to the agency, fees paid to the agency, the number of individuals subject to the rules, the state’s economy.

Brandon Wood, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule is increased clarity in interpretation and enforcement of this rule. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with proposed amendment.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§ 263.50. Emergency Electrical Power.

(a) New facilities, new additions, and major renovations to existing facilities shall be equipped with an emergency back-up electrical generator designed to operate both manually and automatically upon interruption of the primary electrical power source. The system shall be capable of operating uninterrupted for a minimum period of one- and one-half [ one and one half ] hours without refueling. Back-up electrical power shall be provided for necessary equipment and life safety systems including, but not limited to:

(1) emergency illumination systems;

(2) exit signs [ lights ];

(3) smoke management systems;

(4) fire detection and alarm systems;

(5) audible communication systems;

(6) security/control systems;

(7) normal ventilation systems required for smoke detection.

(b) Existing facilities shall provide emergency illumination , and this may be accomplished by utilizing a battery back-up system capable of continuous operation for one and one-half hours.

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 May 12, 2025.

TRD-202501610

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: June 22, 2025

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §263.51, concerning smoke management in county jails. The proposed rule adds language to 37 TAC §263.51, which will clarify the rule, and adds references to the National Fire Protection Association with titles. This language is proposed following feedback from the State Fire Marshal's Office, which was evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Brandon Wood, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Brandon Wood, Executive Director, has determined, for each year of the first five-year period the rule is in effect, that the rule will have no impact on government programs, employee positions, legislative appropriations to the agency, fees paid to the agency, the number of individuals subject to the rules, the state's economy.

Brandon Wood, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule is increased clarity in interpreting and enforcing this rule. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with proposed amendment.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§ 263.51. Smoke Management.

(a) General. Jails shall have a sufficient means of managing smoke from a fire to permit orderly movement of inmates from the area of a fire incident. Smoke management shall limit the exposure of staff to untenable conditions when responding to a fire emergency. The means of smoke management shall be a combination of compartmentation, control of smoke migration from the affected area, and means of removing smoke to the exterior of the building. The smoke management system shall include the consideration of:

(1) automatic and manual fire detection;

(2) automatic and manual fire alarm system ;

(3) automatic and manual smoke control system activation;

(4) automatic and manual fire suppression system ;

(5) maintenance of reliable [ safe ] means of egress;

(6) movement of inmates from affected area to an area of refuge [ safety ];

(7) containment of smoke to area [ space ] of fire origin;

(8) automatic and manual removal of smoke.

(b) Coverage.

(1) Smoke management shall be provided throughout all detention and support areas within the security perimeter.

(2) Mechanical smoke control systems and smoke removal systems shall be provided for all inmate housing areas, including cells, day rooms, dormitories, and special purpose cells.

(3) For the purpose of smoke control and smoke removal systems, the affected area shall be deemed to be the compartment consisting of a cell, day room, dormitory, or special purpose cell, in which the fire incident originates. Where open grating or mesh walls are used, the affected area shall be restricted to the cell(s) and the adjacent day room.

(c) Compartmentation. Smoke barriers shall be provided in accordance with NFPA 101 Chapter 22.3.7 and Chapter 23.3.7 [ the Life Safety Code, NFPA 101 14.3 ] concerning Subdivision of Building Spaces.

(d) Control of Smoke Migration.

(1) The smoke [ fire ] detection system shall promptly detect smoke within the affected area.

(2) Upon detection, a fire [ an ] alarm system shall automatically alert the control station(s) and initiate the automatic smoke control system.

(3) The smoke control system shall automatically, by pressure differential and/or air flow, contain smoke in the area of fire origin.

(4) Smoke control systems shall be designed so that smoke is restricted from entering the means of egress during the evacuation of inmates by providing sufficient air flow through exit access doors, when open.

(5) A manual override capability shall be provided in the event of detection failure and for testing purposes.

(e) Smoke Removal.

(1) All jails shall be provided with smoke removal capability, except as provided under subsection (g) of this section, relating to exceptions.

(2) The smoke removal system shall have the ability to remove smoke from the affected area to the exterior of the building using fixed mechanical equipment. Existing facilities (in operation prior to December 23, 1976) may be exempt from using fixed equipment when portable equipment is provided.

(3) During smoke removal, smoke shall not migrate from the affected area to other areas of the building.

(4) Smoke removal systems shall be designed to develop air flow patterns within the affected area which contribute to the dilution and removal of smoke. Air devices for supply and exhaust shall be separated by a distance of not less than 75% of the horizontal dimensions of the compartment and so arranged to provide air flow coverage of at least 50% of the vertical dimension of the compartment. Alternate air device configurations which have demonstrated effectiveness by field testing or mock-up testing may be approved.

(5) Capacity of the smoke removal system shall be sufficient to comply with subsection (f) of this section relating to smoke testing. Facilities in operation or initiated prior to March 31, 1991, which are not provided with a complete smoke management system (as required by this section) shall provide smoke removal capability, being automatically activated by the smoke detection system when utilizing fixed equipment, meeting the smoke testing criteria established by the commission on September 27, 1989. Designs for smoke removal systems which provide air change rates of less than 15 air changes per hour shall not be utilized. Design consideration shall be given to system configuration, friction loss, pressure drops and differentials, air leakage, and other construction characteristics, which may necessitate safety factors being included in design calculations.

(6) A manual override capability shall be provided in the event of detection failure and for testing purposes.

(f) Testing.

(1) General. Testing of the smoke management systems in all facilities shall be in compliance with the requirements of this section.

(2) Functional Testing.

(A) Air Balancing Certification. Prior to any other testing of new smoke management systems, an air balance report prepared in accordance with nationally recognized practices shall be submitted to the county. Such report shall bear certification that the smoke control and removal systems meet the engineer of record's design requirements with respect to pressure differentials achieved and air flow rates necessary to meet the intended smoke management operation. A copy of the air balance report shall be maintained at the facility and made available to the commission's inspector during all tests and inspections. An air balance report on an existing system may be required by the Texas Commission on Jail Standards when there is evidence that the smoke management system has been impaired due to modifications to the system or inadequate maintenance.

(B) System Operation. A test of smoke management system's initiating devices and control systems' output shall be performed. Such testing shall verify that, upon activation of a smoke detector, water flow indicating device, manual fire alarm station, or other smoke management system initiating device, the smoke management system components will automatically commence operation. The engineer of record shall provide a "cause and effect" chart to indicate the appropriate smoke management operating mode for all affected equipment based on the operation of each initiating device. Acceptance of functional testing shall be predicated upon all input and output devices performing as indicated by the "cause and effect" chart.

(3) Smoke Testing.

(A) General smoke testing of the smoke management systems shall be accomplished in accordance with this section. The smoke management system shall be tested in both normal and emergency power modes.

(B) Smoke Detection. Artificial smoke shall be introduced into the space to be tested. The rate of introduction of smoke shall be two times the volume of the space to be tested. The commission may establish a minimum amount of smoke to be introduced into a space. The smoke detection system shall alarm and initiate the smoke control and removal system(s) within 60 seconds of the beginning of smoke introduction.

(C) Smoke Migration. The smoke management system shall be deemed to be controlling smoke migration if smoke from the detection test does not migrate from the affected area for a period of ten minutes from the time of detection and activation of the smoke control system. The inspector may conduct the smoke migration test with the compartment exit door open or closed.

(D) Smoke Removal. Utilizing the procedure for testing smoke detection, smoke removal shall be completed in the space to be tested within fifteen minutes from the time of system activation.

(4) Maintenance and Retesting. The smoke management systems shall be regularly maintained to assure consistent performance. The smoke management systems shall be operationally tested quarterly and may be tested by the commission's inspector on an annual basis utilizing the smoke testing procedures.

(g) Exceptions.

(1) Fully sprinklered, minimum security facilities may be exempt from these requirements if approved by the sheriff, the local fire marshal, and the commission; however, smoke detection and alarm systems shall be provided for all facilities. Approval shall be based on review of each facility, the degree of overall protection achieved, and a high degree of freedom of movement afforded the inmates. Such facilities shall be inspected by local fire protection authorities monthly.

(2) Single story, new construction, minimum security facilities whose exit doors are incapable of being locked from the inside and which provide direct exiting to the exterior of the building from the inmate sleeping area(s) and day room(s) may be constructed without smoke control, smoke removal, or sprinkler systems. However, these facilities shall provide proper compartmentation and smoke detection.

(3) Facilities that were in operation or initiated prior to March 31, 1991, and which comply with subsection (e) of this section, relating to Smoke Removal, may be exempt from other requirements of this section relating to smoke management.

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 May 12, 2025.

TRD-202501611

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: June 22, 2025

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §263.52, concerning standpipes and hoses in county jails. The proposed rule adds language to 37 TAC §263.52, which adds titles for references to National Fire Protection Association chapters, and corrects grammatical errors. This language is proposed following feedback from the State Fire Marshal's Office, which was evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Brandon Wood, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Brandon Wood, Executive Director, has determined, for each year of the first five-year period the rule is in effect, that the rule will have no impact on government programs, employee positions, legislative appropriations to the agency, fees paid to the agency, the number of individuals subject to the rules, the state’s economy.

Brandon Wood, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule is increased clarity in interpretation and enforcement of this rule. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with proposed amendment.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§ 263.52. Standpipes and Hoses.

Each facility shall be furnished with an approved wet NFPA 14 , Standard for the Installation of Standpipe and Hose Systems, Class III standpipe and hose system (located to permit quick deployment to all inmate occupied areas) for use by fire department personnel and staff. Partial or complete automatic fire sprinkler systems with appropriate sprinkler heads may be provided. Facilities equipped with complete automatic fire sprinkler systems, in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, may reduce the system to an NFPA 14, Standard for the Installation of Standpipe and Hose Systems, Class I system. A one-inch [ one inch ] non collapsible [ noncollapsible ] hose and reel system may be used in lieu of the one and one-half inch collapsible hose when approved by local fire officials. Existing facilities may request a variance from this requirement.

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 May 12, 2025.

TRD-202501612

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: June 22, 2025

For further information, please call: (512) 850-9668

CHAPTER 279. SANITATION

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule 279.1, concerning sanitation plans for county jails. The proposed rule adds language to 37 TAC §279.1 that requires a county jail to include a method to allow handwashing prior to meals being served in holding cells. This language is proposed following a public petition for the addition of this language, which was evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Brandon Wood, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period.

Brandon Wood, Executive Director, has determined, for each year of the first five-year period the rule is in effect, that the rule will have no impact on government programs, employee positions, legislative appropriations to the agency, fees paid to the agency, the number of individuals subject to the rules, the state’s economy.

Brandon Wood, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be enhanced sanitation in county jail holding cells. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas, 78711-2985 or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§ 279.1. Sanitation Plan.

Each facility shall have and implement a written plan, reviewed and approved by the commission, for the maintenance of an acceptable level of cleanliness and sanitation throughout the facility. Such plan shall provide for:

(1) a regular daily schedule for the work and inspections necessary to keep the facility clean; which schedule shall be assigned and supervised by jailers who have the responsibility for keeping the facility clean and making regular sanitation inspections;

(2) water and sewage systems not part of a public system and food preparation areas shall be inspected at least annually by health authorities and record kept for each inspection;

(3) adequate and safe cleaning equipment;

(4) water tight garbage containers with tight fitting covers in the kitchen;

(5) the maintenance of toilets, lavatories, showers, and other equipment throughout the facility in good working order;

(6) the maintenance of all counters, shelves, tables, equipment, and utensils with which food or drink comes into contact in a clean condition and in good repair;

(7) clean washing aids, such as brushes, dishcloths, and other hand aids used in dish washing operations and for no other purposes;

(8) a well ventilated place for storing and drying mops and other cleaning tools;

(9) the continuous compliance of the water system and sewage system with the minimum requirements for such public systems;

(10) the prohibition of excessive storage of food in cells and day rooms.

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 May 12, 2025.

TRD-202501602

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: June 22, 2025

For further information, please call: (512) 850-9668