26 Tex. Admin. Code § 554.202 - Building Approval
All applications for license must include written approval of the local fire authority that the facility and its operation meet local fire ordinances.
(1) New facility. The
sponsor of a new facility under construction or a previously unlicensed
facility will provide to the Texas Department of Human Services (DHS) 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. The local health
authority may provide recommendations to DHS regarding the status of compliance
with local codes, ordinances, or regulations. The sponsor must also provide a
copy of a dated, written notice of the approval for occupancy by the local
building code authority, if applicable.
(2) Increase in capacity. The license holder
must request an application for increase in capacity from DHS. DHS provides the
license holder with the application form, and DHS notifies the local fire
marshal and the local health authority of the request. The license holder must
arrange for the inspection of the facility by the local fire marshal. Upon
completion of the inspection, the license holder must notify the local health
authority and DHS in writing if the facility meets local code requirements. DHS
approves the application only if the facility is found to be in compliance with
the standards. Approval to occupy the increased capacity may be granted by DHS
prior to the issuance of the license covering the increased capacity after
inspection by DHS if standards are met.
(3) Change of ownership. The applicant for a
change of ownership license must provide to DHS a copy of a letter notifying
the local health authority of the request for a change of ownership. The local
health authority may provide recommendations to DHS regarding the status of
compliance with local codes, ordinances, or regulations.
(4) Renewal. DHS sends the local health
authority a copy of DHS's license renewal notice specifying the expiration date
of the facility's current license. The local health authority may provide
recommendations to DHS 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 DHS.
Notes
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