SECTION 506.81. General Safety

(a) The building must be kept in good repair. Electrical, heating and cooling must be maintained in a safe manner. The department may require the licensee to submit evidence to this effect, consisting of a report from the fire marshal, city or county building official having jurisdiction, licensed electrician, or a registered professional engineer.

(b) Use of electrical appliances, devices, and lamps, must be such as not to overload circuits or cause excessive lengths of extension cords.

(c) In facilities of 16 beds or less, all draperies and other window coverings in public or common areas, and in bedrooms and living units shall be flame resistant. In facilities of 17 beds or more, draperies shall be flame resistant, where smoking is permitted.

(d) In facilities of 17 beds or more, all floor carpet installed in public or common spaces shall be Class I or II based on the "Critical Radiant Flux" ratings. Proper documentation must be provided.

(e) Open flame heating devices are prohibited. All fuel burning heating devices must be vented. Working fireplaces are accepted if of safe design and construction and if screened or otherwise enclosed.

(f) There must be a least one telephone in the facility available to both staff and residents for use in case of an emergency. Emergency telephone numbers, including at least fire, police, ambulances, EMS, and poison control center, must be posted conspicuously at or near the telephone.

(g) An initial pressure test of facility gas lines from the meter must be provided. Additional pressure tests will be required when the facility has major renovations or additions where the gas service is interrupted. All gas heating systems must be checked prior to the heating season for proper operation and safety by persons who are licensed or approved by the State of Texas to inspect such equipment. A record of this service must be maintained by the facility. Any unsatisfactory conditions must be corrected promptly.

(h) Exterior and interior stairs must have handrails that are firmly secured to prevent falls.

(i) Cooling and heating must be provided for occupant comfort. Conditioning systems must be capable of maintaining the comfort ranges of 68 degrees Fahrenheit to 82 degrees Fahrenheit in resident-use areas. Heating, ventilating, and air conditioning (HVAC) equipment must comply with the provisions of National Fire Protection Association (NFPA) 90A, Standard for the Installation of Air Conditioning and Ventilating Systems, 1999 edition, or NFPA 90B, Standard for the Installation of Warm Air Heating and Air Conditioning Systems, 1999, as applicable. NFPA 90A requires automatic shut down upon activation of the fire alarm in HVAC systems of over 2,000 cubic feet per minute (CFM) capacity. All documents published by NFPA as referenced in these rules may be obtained by writing or calling the NFPA at the following address or telephone number: National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471 or [phone].

(j) For existing facilities which were licensed prior to the effective date of these rules, illumination shall be provided to meet the needs of the residents and staff without eye strain or glare. Each resident bedroom shall have sufficient illumination for reading and general use. For new facilities, minimum illumination must be 10 foot-candles in resident rooms during the day and 20 foot-candles in corridors, staff stations, dining rooms, lobbies, toilets, bathing facilities, laundries, stairways and elevators during the day. Illumination requirements for these areas apply to lighting throughout the space and should be measured at approximately 30 inches above the floor anywhere in the room. Minimum illumination for medication preparation or storage areas, kitchen, and staff station desks must be 50 foot-candles during the day. Illumination requirements for these areas apply to the task performed and should be measured on the tasks.

(k) All buildings three floors or higher and in facilities that provide services, treatment, or social activities of floors above or below the level of discharge shall have a passenger elevator. The lowest level of discharge will be the first floor for determining floor level.

(l) Floor, ceiling, and wall finish materials must be complete and in place to provide a sanitary and structurally safe environment.

(m) 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. Access panels (20 inches x 20 inches minimum) must be provided for building maintenance and must be located for reasonable access to equipment or barriers installed in the attic or other concealed spaces.

(n) The facility shall implement procedures, in accordance with the standards and recommendations of Compressed Gas Association in its publication, Safe Handling of Compressed Gases in Containers, 1991 edition, that assure safe and sanitary use and storage of oxygen. Liquid oxygen containers must be certified by Underwriters Laboratory (UL) or other approved testing laboratory for compliance with NFPA 50, Standard for Bulk Oxygen Systems of Consumer Sites, 1996 edition. 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 the liquid oxygen provider does also.

Source Note: The provisions of this §506.81 adopted to be effective July 25, 2004, 29 TexReg 6911; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2467