26 Tex. Admin. Code § 553.121 - Construction Requirements for an Existing Small Type B Assisted Living Facility
(a) Structurally
sound. An existing small Type B assisted living facility must ensure any
building is structurally sound regarding actual or expected dead, live, and
wind loads in accordance with applicable building codes.
(b) Separation of occupancies. An existing
small Type B assisted living facility must be separated from other occupancies
by a fire barrier having at least a 2-hour fire resistance rating constructed
according to the requirements of NFPA 101 and its referenced standards, unless
otherwise permitted by paragraph (2) of this subsection.
(1) An existing small Type B assisted living
facility must be separated from other assisted living facilities, hospitals, or
nursing facilities. Beginning August 31, 2021, an existing small Type A
assisted living facility must be separated from any new occupancy or new use
subject to HHSC licensing.
(2) An
existing small Type B assisted living facility is not required to be separated
from another occupancy not subject to Texas Health and Human Services
Commission (HHSC) licensing standards if the two occupancies are so
intermingled that construction of a fire barrier having a 2-hour fire
resistance rating is impractical and the following conditions are met.
(A) The means of escape, construction,
protection, and other safeguards for the entire building must comply with the
NFPA 101 requirements for an existing small Type B assisted living
facility.
(B) HHSC must be given
unrestricted and unannounced access at any reasonable time to inspect the other
occupancy type for compliance with the NFPA 101 requirements for an existing
small Type B assisted living facility.
(c) Sheathing.
(1) Except as provided in paragraph (3) of
this subsection, an existing small Type B assisted living facility must ensure
all buildings used by residents are sheathed with materials providing a fire
resistance rating.
(A) Interior wall and
ceiling surfaces must have finished surfaces, substrates, or sheathing with a
fire resistance rating of not less than 20 minutes.
(B) Columns, beams, girders, or trusses that
are not enclosed within walls or ceilings must be encased in materials having a
fire resistance rating of not less than 20 minutes.
(2) A sprinkler system does not substitute
for the minimum sheathing requirements under paragraph (1) of this
subsection.
(3) A building
constructed to meet the minimum building construction type requirements of
19.1.6, Minimum Construction Requirements, in NFPA 101, Chapter 19, Existing
Health Care Occupancies, is not also required to be sheathed.
(d) Interior finish. An existing
small Type B assisted living facility must ensure interior wall and ceiling
finish materials meet the requirements of 33.2.3.3.2, Interior Wall and Ceiling
Finish, in NFPA 101, Chapter 33, Existing Residential Board and Care
Occupancies.
(e) Vertical openings.
An existing small Type B assisted living facility must ensure vertical openings
are protected according to the requirements of 33.2.3.1, Protection of Vertical
Openings, in NFPA 101, Chapter 33, Existing Residential Board and Care
Occupancies.
Notes
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