Texas Register, Volume 24, Number 5, Pages 461-638, January 29, 1999 Page: 528
461-638 p. ; 28 cm.View a full description of this periodical.
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(C) Emergency lighting is not required for means of
egress if the facility operation is during daylight hours and if natural
light, direct or borrowed, is provided so that the means of egress is
usable in emergencies.
(D) Special protective electrical receptacle covers are
not required.
(E) NFPA 96 publication relating to Vapor Removal
Cooking Equipment must not be applicable if the facility has
residential-type cooking equipment.
(F) Public corridors must not be used for return or
supply air systems.
(G) Residential-type heating units or heating units
designed for attic installations must not be considered to be units
requiring furnace room construction as specified under 10-7.3.2.1.
(H) New additions or remodeling must be as required
for new construction in accordance with paragraph (4) of this
subsection.
(I) Sprinkler system for janitor's closet as specified
under 10-7.2.2 are not required unless the building has a complete
NFPA 13 system.
(4) For new construction, DHS requires conformance to
the following codes, except that DHS may accept other nationally
recognized codes that are locally enforced.
(A) If the municipality has a building code and a
plumbing code, then those codes govern in those areas of construction.
Where local codes or ordinances are applicable, the most restrictive
parts concerning the same subject item apply unless otherwise
determined by the authority having jurisdiction for local codes and
the licensing agency.
(B) In the absence of local municipal codes or ordi-
nances, nationally recognized codes must be used, such as the Stan-
dard Building Code and the Standard Plumbing Code, both of which
are part of the Southern Building Code, published by Congress In-
ternational, Inc. These nationally recognized codes, when used, must
all be publications of the same group or organization to assure the
intended continuity.
(C) Heating, ventilating, and air-conditioning (HVAC)
systems must be designed and installed in accordance with NFPA
90A, relating to the Standard for the Installation of Air Conditioning
and Ventilating Systems, and NFPA 90B, relating to the Standard for
the Installation of Warm Air Heating and Air Conditioning Systems,
as applicable, and the American Society of Heating, Ventilating, and
Air Conditioning Engineers (ASHRAE), except as may be modified
in this subchapter. Buildings required to meet NFPA 90A must
have automatic shutdown upon initiation of the fire alarm system,
in accordance with NFPA 90A, 4-3.
(D) Electrical and illumination systems must be de-
signed and installed in accordance with NFPA 70, relating to the
National Electrical Code, and the Lighting Handbook of the Illumi-
nating Engineering Society (IES) of North America except as may
be modified in this subchapter. Minimum illumination must be 20
foot candles in the toilets, bathing, and general use areas such as liv-
ing, dining, corridors, and lobbies. Minimum illumination must be
50 foot candles in the kitchen, medication or food preparation areas,
and activity areas for handicrafts or reading.
(5) An existing building either occupied as an adult day
care facility at the time of initial inspection by the licensing agency,
or converted to occupancy as an adult day care facility, must meetall local requirements pertaining to the building for that occupancy.
The licensing agency may require the facility sponsor or licensee to
submit evidence that local requirements are satisfied.
(6) Adult day care facilities must be of recognized per-
manent type construction as distinguished from movable buildings
or construction. Buildings must be structurally sound with regard
to actual or expected dead, live, and wind loads. DHS may require
submission of evidence to this effect.
(7) Electrical and mechanical systems must be safe and
in working order. DHS may require the facility sponsor or licensee
to submit evidence to this effect, consisting of a report from the fire
marshal or city and/or county building official having jurisdiction or
a report from a registered professional engineer.
(8) DHS will consider a written request from the facility
for a waiver of the requirements which, if strictly applied, would
clearly be impractical in DHS's judgment for existing buildings and
structures which are converted to adult day care occupancy. Any of
these modifications will be allowed only to the extent that reasonable
life safety against the hazards of fire, explosion, structural, or other
building failure and panic are provided and maintained.
(c) Personal safety.
(1) Fire safety.
(A) Fire safety must be observed at all times.
(B) Storage items must be neatly arranged and placed
to minimize fire hazard. Gasoline, volatile materials, paint, and
similar products must not be stored in the building housing clients
unless approved by the local fire marshal. Accumulations of
extraneous material and refuse is not permitted.
(C) The building must be kept in good repair; elec-
trical, heating, and cooling systems must be maintained in a safe
manner. Electrical appliances, devices, and lamps must be used in
a manner that prevents overloaded circuits. Any extension cords in
excess of six feet must be shielded or protected.
(D) The facility must report all fires to DHS, Licensing
Section, on DHS's Fire Report for Licensed Facilities form within
15 days after the fire. The facility must immediately notify DHS,
Licensing Section, at (512) 438-2630 of disasters or any fires which
caused death or serious injury. A telephone report must be followed
by a written report on DHS' s Fire Report form.
(E) The facility must develop and conspicuously post
throughout the facility an emergency evacuation plan approved by the
local fire marshal having jurisdiction and DHS.
(F) Smoking regulations must be established and con-
spicuously posted in the facility. All smoking must be supervised.
Ashtrays of noncombustible material and safe design must be pro-
vided.
(G) The facility must have an emergency fire lane for
access of fire apparatus if required by local authorities.
(H) There must be at least one telephone in the facility
available to either staff or clients to use in case of an emergency.
Emergency telephone numbers must be posted conspicuously at or
near the telephone.
(I) An initial pressure test of facility gas lines from
the meter must be provided. Additional pressure tests are required
when the facility has major renovations or additions during which
the gas service is interrupted. All gas heating systems must be
checked for proper operation and safety prior to the heating season24 TexReg 528 January 29, 1999 Texas Register
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Texas. Secretary of State. Texas Register, Volume 24, Number 5, Pages 461-638, January 29, 1999, periodical, January 29, 1999; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113876/m1/69/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.