Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 131 - FREESTANDING EMERGENCY MEDICAL CARE FACILITIES › Subchapter G - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 131.143 - Construction Requirements for a New Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) Any proposed new 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 a 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) A 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 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 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. NFPA documents are also available for public inspection during
				  regular working hours at the offices of Architectural Review Group, Texas
				  Department of State Health Services, 1100 West 49th Street, Austin, Texas
				  78756-3199.
(2) Hazardous
				  locations.
(A) A new facility or an addition
				  to an existing 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 facility and an addition to an
				  existing 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 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 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 a facility, a
				  previously licensed 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) Facility required functional components
				  shall be constructed above the designated flood plain in a new addition to an
				  existing 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 facilities located within a designated 100-year flood plain are
				  exempted from these requirements for renovations and repairs.