Texas Register, Volume 38, Number 30, Pages 4691-4820, July 26, 2013 Page: 4,727
4691-4820 p. ; 28 cm.View a full description of this periodical.
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ment Code, Chapter 469; and Texas Department of Licensing and Reg-
ulation (TDLR) rules at Title [Texas GiviStatutes Article9 0 - 2and
Title] 16, Texas Administrative Code, Chapter 68. A subject facility
must register plans [Plans] for new construction, substantial renova-
tions, modifications, and alterations with TDLR [must be submitted to
the Texas Department of Licesing and Regulation] (Attn: Elimination
of Architectural Barriers Program) and comply with TAS [for accessi-
bility approval under Article 902].
92.62. General Requirements.
(a) General. The concept of the National Fire Protection Asso-
ciation (NFPA) 101 Life Safety Code requirements for fire safety with
regard to the residents, is based on evacuation capability. In accordance
with NFPA 101, Chapters 32 and 33 [Chapter 2 ofthis titleelating to
Residential Board and Care Occupancies)], Type A facilities are classi-
fied as "slow" evacuation capability and Type B facilities are classified
as "impractical" evacuation capability.
(b) Evacuation procedures. A resident in a [Residents in] Type
A facility [facilities] must be able to demonstrate to the Texas De-
partment of Aging and Disability Services (DADS) [Human Services
(Dt S)] that the resident [they] can travel from the resident's [their] liv-
ing unit to a centralized space, such as lobby, living or dining room on
the level of discharge within a 13-minute period without continuous
staff assistance. Elevators cannot be used as an evacuation route.
(c) Operational features.
(1) All fires causing damage to the facility and [andler]
equipment must be reported to DADS [DHS] within 72 hours after the
fire is extinguished. Any fire causing injury or death to a resident must
[shall] be reported immediately. A telephone report must be followed
by a written report on a form that DADS supplies [whieh will be sutp-
plied by DH].
(2) Fire drills must be conducted quarterly on each shift
and with at least one drill conducted each month. The drills may be
announced in advance to the residents. The drills must involve the par-
ticipation of the staff in accordance with the emergency plan. Residents
must be informed of evacuation procedures and locations of exits. All
fire drills must be documented on a form provided by DADS [DIS]. In
large Type B facilities, the drill must include the activation of the fire
alarm signal, except between 9:00 p.m. and 6:00 a.m.
(3) Smoking regulations must be established, and smoking
areas must be designated for residents and staff. Ashtrays of noncom-
bustible material and safe design must be provided in smoking areas.
(4) All facilities, except small, one-story facilities, must
post an emergency evacuation floor plan.
(5) An assisted living facility [The administration] must
have in effect and available to all supervisory personnel written copies
of an evacuation [a] plan for the protection of all persons in the facil-
ity in the event of fire. The plan must address sheltering in place, [and
for their remaining in place, for their] evacuation to an area [areas] of
refuge, and evacuation from the building when necessary. The plan
must include special staff actions including fire protection procedures
needed to ensure the safety of any resident. The plan [and] must be
amended or revised when needed. All employees must be periodically
instructed and [kept] informed of [with respect to] their duties and re-
sponsibilities under the plan. A copy of the plan must be readily avail-
able at all times within the facility. The [This written] plan must reflect
the current evacuation capabilities of the residents.
(d) Safety operations. The facility must have a written emer-
gency preparedness and response plan. The facility must attach to the
plan procedures the staff must follow [Procedures to be followed] in
an internal or external disaster [should be attached to thei plan]. Theplan must address, at a minimum, the eight core functions of emer-
gency management, which are: direction and control; warning (how
the facility will be notified of emergencies and who they will notify);
communication (with whom and by what mechanism); sheltering ar-
rangements; evacuation (destinations, routes); transportation; health
and medical needs; and resource management (supplies, staffing, emer-
gency equipment, records). Plans must be coordinated with the local
emergency management coordinator and should address those natural,
technological and man-made emergencies that could affect the facility.
Information about the local emergency management coordinator may
be obtained from the office of the local mayor or county judge.
(e) Construction.
(1) An assisted living facility [There] must be separated
[separation] from other occupancies. A common wall between an as-
sisted living facility and another occupancy must be not less than a
two-hour fire-rated partition. [(]The partition must be constructed as
required by [as defined by] National Fire Protection Association Stan-
dards.[)] A licensed nursing facility or licensed hospital is not consid-
ered another occupancy for this purpose. An exception occurs when
an [is where an unlicensed] occupancy not subject to DADS licensing
standards is located [oc urs] in the same building or structure and is so
intermingled that a two hour fire rated partition is [separate safeguards
are] impracticable. The means of egress, construction, protection and
other safeguards for that location must comply with the National Fire
Protection Association (NFPA) 101 requirements of the licensed occu-
pancy.
(2) Interior wall and ceiling surfaces must have as the fin-
ished surface or as substrate or sheathing a fire resistance of not less
than that provided by 3/8" gypsum board (20 minute fire rating), un-
less approved otherwise by DADS [DHS]. A sprinkler system will not
substitute for the minimum construction requirements. Exceptions are
existing [An exception is] Type B large facilities must [shall] meet the
construction requirements of NFPA 101, Chapter 19, 1.6 and new
Type B large facilities must meet NFPA 101, Chapter 18, 1.6 [4-
62-6].
(3) An assisted living facility must meet flame [Flame]
spread rate requirements [must be] as specified in Chapters 18, 19,
32, and 33 of NFPA 101.[ 6- Flame spread is the rate of fire
travel along the surface of a material. (This is different than other
requirements for time-rated "burn through" resistance ratings such
as one-hour rated) Flame spread ratings are lass A (-2 ),-lass1 B
(26-75)- and Glass G (76-200-]
(4) Doors between resident rooms and corridors or public
spaces must be not less than 1-3/4" thick solid core wood construction
or 20-minute fire-rated, self-closing or automatic-closing, and latch in
their frames. Exceptions are as follows.
(A) Small Type A facilities may [can] have smoke
resisting doors, with self-closing or automatic closing devices, if
[provided] the interior finish is Class 'B' or better and there are two
remote exit routes.
(B) Small Type A facilities that have 20-minute fire-
rated doors [(]or 1-3/4" solid core wood[)], Class 'B' or better interior
finish, and two remote exit routes are not required to have [be] self-clos-
ing or automatic-closing doors.
(C) In a small or large [Small and Large] Type A facility
[facilities] protected throughout by an approved automatic sprinkler
system, doors to resident bedrooms are not required to be self-closing
or automatic-closing, except for a three story or larger building that
[which] does not meet construction requirements ofNFPA 101, Chap-
ter 18 [42].PROPOSED RULES July 26, 2013 38 TexReg 4727
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Texas. Secretary of State. Texas Register, Volume 38, Number 30, Pages 4691-4820, July 26, 2013, periodical, July 26, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326804/m1/37/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.