Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 135 - AMBULATORY SURGICAL CENTERS › Subchapter C - PHYSICAL PLANT AND CONSTRUCTION REQUIREMENTS › Section 135.52 - Construction Requirements for a New Ambulatory Surgical Center

Current through Reg. 49, No. 28; July 12, 2024
(a) Ambulatory
				  surgical center (ASC) location. Any proposed new ASC 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 ASC
				  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. An ASC may be a distinct separate part of an existing hospital, it
				  may occupy an entire separate independent structure, or it may be located
				  within another building such as an office building or commercial building.
(1) Means of egress. An ASC 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 ASC 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 ASC 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
				  location.
(A) Underground and above ground
				  hazards. A new ASC or an addition(s) to an existing ASC 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.
(B) Fire hazards. A new ASC and an addition
				  to an existing ASC 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) Nuisance producing sites. A new ASC shall
				  not be located near nuisance producing sites such as industrial sites, feed
				  lots, sanitary landfills, or manufacturing plants which produce excessive noise
				  or air pollution.
(B) Flood plains.
(i) New construction. When a new ASC 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) Previously
				  licensed ASC. To obtain a license as an ASC, a previously licensed ASC and an
				  existing building or a portion of an existing building located in a designated
				  100-year flood plain shall meet the requirement of subparagraph (B)(i) of this
				  paragraph.
(iii) Existing ASC. ASC
				  required functional components shall be constructed above the designated flood
				  plain in a new addition to an existing ASC located in a designated 100-year
				  flood plain. The new addition shall meet the requirement of subparagraph (B)(i)
				  of this paragraph.