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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 4. HEALTH FACILITIES |
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Subtitle B. LICENSING OF HEALTH FACILITIES |
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Chapter 242. CONVALESCENT AND NURSING HOMES AND RELATED INSTITUTIONS |
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Subchapter B. LICENSING, FEES, AND INSPECTIONS |
Sec. 242.039. FIRE SAFETY REQUIREMENTS
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(a) The board shall adopt rules necessary to specify the edition of the Life Safety Code of the National Fire Protection Association that will be used to establish the life safety requirements for an institution licensed under this chapter.
(b) The board shall adopt the edition of the Life Safety Code of the National Fire Protection Association for fire safety as designated by federal law and regulations for an institution or portion of an institution that is constructed after September 1, 1993, and for an institution or portion of an institution that was operating or approved for construction on or before September 1, 1993.
(c) The board may not require more stringent fire safety standards than those required by federal law and regulation. The rules adopted under this section may not prevent an institution licensed under this chapter from voluntarily conforming to fire safety standards that are compatible with, equal to, or more stringent than those adopted by the board.
(d) Licensed health care facilities in existence at the time of the effective date of this subsection may have their existing use or occupancy continued if such facilities comply with fire safety standards and ordinances in existence at the time of the effective date of this subsection.
(e) Notwithstanding any other provision of this section, a municipality shall have the authority to enact additional and higher fire safety standards applicable to new construction beginning on or after the effective date of this subsection.
(f)(1) An advisory committee is created to propose rules for adoption by the department concerning the applicability of municipal ordinances and regulations to the remodeling and renovation of existing structures to be used as health care facilities licensed under this chapter.
(2) The advisory committee shall be appointed by the board and composed as follows:
(A) two municipal fire marshals;
(B) four individuals representing the nursing home industry;
(C) the commissioner of human services or a designee;
(D) one building official from a municipality that has adopted the Uniform Building Code;
(E) one building official from a municipality that has adopted the Standard Building Code;
(F) one architect licensed under state law;
(G) one member of the Texas Board of Human Services; and
(H) one state Medicaid director or designee.
(3) The advisory committee shall serve without compensation or remuneration of any kind.
(g) The executive commissioner of the Health and Human Services Commission shall adopt rules to implement an expedited inspection process that allows an applicant for a license or for a renewal of a license to obtain a life safety code and physical plant inspection not later than the 15th day after the date the request is made. The department may charge a fee to recover the cost of the expedited inspection. The rules must permit the department to set different fee amounts based on the size and type of institution.