Texas Register, Volume 24, Number 5, Pages 461-638, January 29, 1999 Page: 529
461-638 p. ; 28 cm.View a full description of this periodical.
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by someone experienced in the areas of heating and air conditioning.
Any unsatisfactory conditions must be corrected promptly.
(J) Curtains and/or draperies in public spaces and
individual rooms in which smoking is allowed must be flame
retardant.
(K) Portable fire extinguishers must be provided and
maintained to comply with the provisions of the National Fire
Protection Association (NFPA) 10. This includes such items as
type of extinguishers (A, B, or C), location and spacing, mounting
heights, monthly inspections by staff, yearly inspections by a licensed
agent (with any necessary servicing), and hydrostatic testing as
recommended by the manufacturer.
(L) Metal wastebaskets of substantial gauge or any
U.L. or EM. approved containers must be provided in all areas where
smoking is permitted. Garbage, waste, or trash containers provided
for kitchens, janitor closets, laundries, mechanical or boiler rooms,
general storage, and similar places must be made of metal or any U.L.
or EM. approved material, having a close fitting cover. Disposable
plastic liners may be used in these containers for sanitation.
(2) General requirements.
(A) All exterior site conditions must be designed,
constructed, and maintained in the interest of clients' safety. Newly
constructed ramps must not exceed 1:12 slope. Ramps, walks, and
steps must be of slip-resistive texture and be smooth and uniform,
without irregularities. Guard rails, fences, and hand rails must be
provided as required.
(B) All stairways must have substantial hand rails
properly secured.
(C) Tubs or showers for client use must have non-slip
bottoms or floor surfaces, either built in or applied to the surface.
(D) Elevators for client use must be in safe operating
condition.
(E) An adequate supply of hot water must be provided.
The hot water system connected to all client-use fixtures must deliver
warm water no hotter than 120 degrees Fahrenheit at the fixture. Hot
water for other sanitary usages must be provided at the temperatures
required for the appliance or fixture served, or for the operation in-
volved.
(F) There must be no occupancies or activities ad-
versely affecting the safety of the clients in the buildings or on the
premises of the facility.
(G) There must be at least 35 square feet provided
for each ambulatory client and at least 50 square feet for each
semiambulatory client. This space may not include the kitchen/
food service area, rest rooms, bath areas, office, corridors, stairways,
storage areas, and outdoor space.
(H) An office area must be provided in a central
location to record and maintain files for each client.
(I) An area for rest, other than the treatment and/or
exam room, must be provided with a sufficient number of reclining
lounge chairs or beds to accommodate the needs of clients. A room
or rooms with beds must be provided for those clients who prefer
privacy. Facilities licensed on or after May 1, 1999, must ensure
that the room(s) with beds must provide space for a minimum 5%
of the licensed capacity. The room(s) usable space must provide not
less than 80 square feet per bed for one-bed room and not less than
60 square feet per bed for multiple-bed rooms. A bedroom shall benot less than eight feet in its smallest dimension, unless otherwise
approved by DHS.
(J) The facility must have at least one room available
as a treatment and/or examination room for use by the nursing staff or
the client's physician. The client may not be treated and/or examined
in an area other than the treatment room.
(K) The facility must have a safe, secure, and suitable
outdoor recreation and/or relaxation area for clients. This area must
be connected to, be a part of, be controlled by, and be directly
accessible from the facility. This area must be enclosed by a wall or
a fence or located in a courtyard and supervised by staff to prevent
wandering and large enough to conduct outdoor activities. This area
must be suitably furnished. A minimum of 20% of the required
outdoor space must be shaded. The required outdoor space for
facilities licensed on or after May 1, 1999 is:
(i) 400 square feet for facilities up to 59 clients;
(ii) 600 square feet for facilities up to 99 clients;and
clients.(iii) 800 square feet for facilities with 100 or more
98.43. Sanitation.
(a) General.
(1) Waste water and sewage must be discharged into a
state-approved municipal sewage system; any exception to an on-site
sewage facility must be as approved by the Texas Natural Resource
Conservation Commission or authorized agent.
(2) The water supply must be from a system approved
by the Water Utility Division, Texas Natural Resources Conservation
Commission, or from a system regulated by an entity responsible for
water quality in that jurisdiction as approved by the Water Utility
Division, Texas Natural Resources Conservation Commission.
(3) Waste, trash, and garbage must be disposed from the
premises at regular intervals in accordance with state and local prac-
tices. Excessive accumulations are not permitted. Outside containers
must have tight-fitting lids left in closed position. Containers must
be maintained in a clean and serviceable condition.
(4) The building and grounds must be kept neat and free
of refuse, litter, extraneous materials, and unsightly or injurious
accumulations.
(5) The facility must make every effort possible to guard
against insects, rodents, rainwater, and other conditions adversely
affecting a sanitary environment or the well-being of the client.
(6) A pest control program must be provided by qualified
facility staff or by contract with a licensed pest control company.
The least toxic and least flammable effective chemicals must be used.
Documented evidence of routine efforts to remove rodents and insects
must be maintained.
(7) The facility must be kept free of offensive odors,
accumulations of dirt, rubbish, dust, and hazards. Floors must
be maintained in good condition and cleaned regularly; walls and
ceilings must be structurally maintained, repaired, and repainted or
cleaned as needed. Storage areas, attics, and cellars must be free of
refuse and extraneous materials.
(8) There must be complete, separate, and adequate rest
room facilities for men and women. Toilets must be provided as
necessary to meet the needs of the clients; however, there must be
not less than one toilet and one lavatory for every 15 clients or fractionPROPOSED RULES January 29, 1999 24 TexReg 529
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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/m1/70/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.