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 131.141 - Construction Requirements for a Pre-Existing Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility that is operating before the
				  effective date of this chapter is considered to be a pre-existing facility and
				  shall meet the physical plant and construction requirements under this
				  chapter.
(b) A pre-existing
				  facility shall complete all major remodeling, renovations, additions, and
				  alterations in accordance with the requirements for new construction in §
										131.143
				  of this title (relating to Construction Requirements for a New Facility). All
				  areas of a pre-existing facility that are not part of a major remodel,
				  renovation, addition or alteration to the facility, are not required to meet
				  these new construction requirements as long as the existing portion met the
				  codes that were in effect when it was originally constructed and licensed. When
				  existing conditions make such changes impractical, the department may grant a
				  conditional approval of minor deviations from the requirements of §
										131.143
				  of this title, if the intent of the requirements is met and if the care, safety
				  and welfare of patients will not be jeopardized. The operation of the facility,
				  accessibility of individuals with disabilities, and safety of the patients
				  shall not be jeopardized by a condition(s) which is not in compliance with this
				  subchapter.
(1) Any alteration, modification,
				  replacement, or installation of new building equipment (such as mechanical,
				  electrical, emergency power equipment, energy/utility management, conveying
				  systems, plumbing, fire protection, or other equipment), with a primary
				  function of building service that affects life safety, infection control,
				  functional operation, or the health, safety, and welfare of patients and staff
				  shall comply with the requirements for new construction and shall not be
				  replaced, materially altered, or extended in a pre-existing licensed facility
				  until complete plans and specifications have been submitted to the department,
				  and the department has reviewed and approved the plans and specifications in
				  accordance with §
											131.146
				  of this title (relating to Preparation, Submittal, Review and Approval of
				  Plans, and Retention of Records).
(2) Minor remodeling or alterations within an
				  existing facility which do not involve alterations to load-bearing members and
				  partitions, change functional operation, affect fire safety, or involve any of
				  the major changes listed in paragraph (1) of this subsection are considered to
				  be minor projects and require evaluation and approval by the department. A
				  pre-existing licensed facility shall submit by mail or fax a written request
				  and floor plan for evaluation, a brief description of the proposed changes,
				  floor plan, and sketches of the area being remodeled. Based on such submittal,
				  the department shall evaluate and determine whether any additional submittals
				  or inspections are required. The department shall notify the facility of its
				  decision. The patching, restoration, or painting of materials, elements,
				  equipment, or fixtures for the purpose of maintaining such materials, elements,
				  equipment, or fixtures in good or sound condition would not require submission
				  to the department for approval.
(3)
				  All remodeling or alterations which involve alterations to load-bearing members
				  or partitions, change functional operation, or affect fire safety are
				  considered major projects. A facility shall comply with this section before
				  beginning construction of major projects.
(A)
				  Plans shall be submitted in accordance with this section for all major
				  remodeling or alterations.
(B)
				  Construction projects involving alterations of or additions to existing
				  buildings shall be programmed and phased so that on-site construction shall
				  minimize disruptions of existing functions.
(i) Access, exit access, and fire protection
				  shall be maintained so that the safety of the occupants shall not be
				  jeopardized during construction.
(ii) A noncombustible or limited combustible
				  dust and vapor barrier shall be provided to separate areas undergoing
				  demolition and construction from occupied areas. When a fire retardant plastic
				  material is used for temporary daily usage, it shall be removed at the end of
				  each day.
(iii) The air inside the
				  construction area shall be protected by mechanical filtration that recirculates
				  inside the space or is exhausted directly to the exterior.
(iv) The area shall be properly ventilated
				  and maintained. The area under construction shall have a negative air pressure
				  differential to the adjoining areas and shall continue to operate as long as
				  construction dust and odors are present.
(v) Temporary sound barriers shall be
				  provided where intense prolonged construction noises will disturb patients or
				  staff in the occupied portions of the building during patient treatment
				  times.
(vi) When construction
				  occurs after hours or on weekends, the facility shall thoroughly clean all
				  areas of construction and provide a clean safe environment before treating
				  patients. The facility shall ensure that all fire safety protection and
				  building systems are in place and working properly.