Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 559 - DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS › Subchapter B - LICENISING [APPLICATION PROCEDURES] › Section 559.17 - Building Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) Local fire
				  authority. All initial, change of ownership, and renewal applications for
				  licensure must include the written approval of the local fire authority that
				  the facility and its operation meet local fire ordinances. The written approval
				  must be uploaded into the application in the online portal.
(b) Local health authority. The following
				  procedures allow the local health authority to provide recommendations to HHSC
				  concerning facility licensure.
(1) New
				  facility. The sponsor of a new facility under construction or a previously
				  unlicensed facility must provide to HHSC a copy of a dated written notice to
				  the local health authority that construction or modification has been or will
				  be completed by a specific date. This notice must be uploaded into the
				  application submitted through the online portal. The sponsor must also provide
				  a copy of a dated written notice of the approval for occupancy by the local
				  fire marshal or local building code authority, if applicable, by uploading the
				  notice into the application submitted through the online portal. The local
				  health authority may provide recommendations to the HHSC Regulatory Services
				  Licensing and Credentialing Section regarding the status of compliance with
				  local codes, ordinances, or regulations.
(2) Increase in capacity. The license holder
				  must submit an application through the online portal for approval of an
				  increase in capacity from the HHSC Regulatory Services Licensing and
				  Credentialing Section. The license holder must notify the local fire marshal
				  and health authority of the request. The license holder must arrange for the
				  inspection of the facility by the local fire marshal. The facility must upload
				  a copy of the written notice sent to the local health authority notifying them
				  of the increase in capacity into the capacity increase application submitted
				  through the online portal. HHSC approves the application only if the facility
				  is found to be in compliance with the standards. Upon approval, the HHSC
				  Regulatory Licensing and Credentialing Section issues a license with the
				  increased capacity.
(3) Change of
				  ownership. The applicant for a change of ownership license must provide to HHSC
				  a copy of a letter notifying the local health authority of the request for a
				  change of ownership by uploading the letter into the change of ownership
				  application submitted through the online portal. The local health authority may
				  provide recommendations to HHSC regarding the status of compliance with local
				  codes, ordinances, or regulations.
(4) Renewal. The applicant for renewal must
				  provide to HHSC a copy of a letter notifying the local health authority of the
				  request for a renewal by uploading the letter into the renewal application
				  submitted through the online portal. The local health authority may provide
				  recommendations to HHSC regarding the status of compliance with local codes,
				  ordinances, or regulations. The local authority may also recommend that a state
				  license be issued or denied; however, the final decision on licensure status
				  remains with HHSC.