Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 117 - END STAGE RENAL DISEASE FACILITIES › Subchapter H - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 117.102 - Construction Requirements for a New End Stage Renal Disease Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) Any proposed
				  new ESRD facility shall be easily accessible to the community and to service
				  vehicles such as delivery trucks, ambulances, and fire protection apparatus. No
				  building may be converted for use as an ESRD facility which, because of its
				  location, physical condition, state of repair, or arrangement of facilities,
				  would be hazardous to the health and safety of the patients.
(1) An ESRD facility shall have at least two
				  exits remotely located in accordance with National Fire Protection Association
				  (NFPA) 101, Life Safety Code, 2003 Edition (NFPA 101), §20.2.4.1. When a
				  required means of egress from the ESRD facility is through another portion of
				  the building, that means of egress shall comply with the requirements of NFPA
				  101 which are applicable to the occupancy of that other building. Such means of
				  egress shall be open, available, unlocked, unrestricted, and lighted at all
				  times during the ESRD facility hours of operation. All documents published by
				  National Fire Protection Association (NFPA) as referenced in this section may
				  be obtained by writing or calling the NFPA at the following address or
				  telephone number: National Fire Protection Association, 1 Batterymarch Park,
				  Quincy, Massachusetts 02269-9101 or (800) 344-3555.
(2) Hazardous locations.
(A) A new ESRD facility or an addition to an
				  existing ESRD facility shall not be constructed within 150 feet of easement
				  boundaries or setbacks of hazardous underground locations including but not
				  limited to liquid butane or propane, liquid petroleum or natural gas
				  transmission lines, high pressure lines, and not within the easement of high
				  voltage electrical lines. Municipality's main natural gas lines in
				  right-of-ways serving dwellings and gas lines on property servicing gas
				  meter(s) under this provision are not consider natural high pressure
				  lines.
(B) A new ESRD facility and
				  an addition to an existing ESRD facility shall not be built within 300 feet of
				  above ground or underground storage tanks containing liquid petroleum or other
				  flammable liquids used in connection with a bulk plant, marine terminal,
				  aircraft refueling, bottling plant of a liquefied petroleum gas installation,
				  or near other hazardous or hazard producing plants.
(3) Undesirable locations.
(A) In lieu of local codes, a new ESRD
				  facility shall not be located closer than 1500 feet to nuisance producing
				  industrial sites, feed lots, sanitary landfills, or manufacturing plants
				  producing excessive noise or air pollution.
(B) Flood plains.
(i) When a new ESRD facility is constructed
				  in a designated 100-year flood plain, the building finished floor elevation
				  shall be one foot above the set base flood plain elevation. The building shall
				  meet all local flood code ordinances and local flood control
				  requirements.
(ii) To obtain a
				  license as an ESRD facility, a previously licensed ESRD facility and an
				  existing building or a portion of an existing building located in a designated
				  100-year flood plain shall meet the requirement of clause (i) of this
				  subparagraph.
(iii) ESRD facility
				  required functional components shall be constructed above the designated flood
				  plain in a new addition to an existing ESRD facility located in a designated
				  100-year flood plain. The new addition shall meet the requirement of clause (i)
				  of this subparagraph.
(iv)
				  Currently licensed ESRD facilities located within a designated 100-year flood
				  plain are exempt from these requirements for renovations and repairs.