Section 551.12 - Building Approval(a) Local fire authority. All applications for licensure must include the written approval of the local fire authority having jurisdiction that the facility and its operation meet local fire ordinances.(b) Local health authority. The following procedures allow the local health authority to provide recommendations to HHSC concerning licensure of a facility.(1) New facility. The sponsor of a new facility under construction or a previously unlicensed facility must provide to HHSC 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 sponsor must also provide a copy of a dated written notice of the approval for occupancy by the local fire marshal or local building code authority, if applicable. The local health authority may provide recommendations to HHSC regarding the status of compliance with local codes, ordinances, or regulations. An application for a new facility that was not included in the plan approved under Texas Health and Safety Code § 533A.062 (relating to Plan on Long-Term Care for Persons with an Intellectual Disability) will not be approved by HHSC, as outlined under § 551.14 of this subchapter (relating to Increase in Capacity).(2) Increase in capacity. The license holder must submit an application through the online portal for an increase in capacity from HHSC. The license holder must arrange for and have the inspection of the facility completed by the local fire marshal before the application is submitted. Upon completion of the inspection, the license holder must notify the local health authority and HHSC by uploading the letter with the application through the online portal if the facility meets local code requirements. HHSC approves the application only if the facility is found to be in compliance with the standards. Approval to occupy the increased capacity, which cannot exceed six total residents, may be granted by HHSC prior to the issuance of the license covering the increased capacity after inspection by HHSC if standards are met. An application for an increase in capacity that was not included in the plan approved under Texas Health and Safety Code § 533A.062 (relating to Plan on Long-Term Care for Persons with an Intellectual Disability) will not be approved by HHSC, as outlined under § 551.14 of this subchapter (Relating to Increase in Capacity).(3) Change of ownership. The applicant for a change of ownership license must provide to HHSC a copy of a letter notifying the local health authority of the request for a change of ownership by uploading the letter into the change of ownership application through the online portal.(4) Renewal. HHSC sends the local health authority a copy of HHSC's license renewal notice specifying the expiration date of the facility's current license. The local health authority may provide recommendations to HHSC 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 HHSC.(5) Relocation. Prior to relocation of a facility, a program provider must receive HHSC approval of a facility relocation by following the application process through the online portal. If HHSC approves the application for relocation, HHSC will initiate licensure and certification action of the relocated facility. The facility must provide a copy of the letter notifying the local health authority of a change in location.26 Tex. Admin. Code § 551.12
The provisions of this §551.12 adopted to be effective August 31, 1993, 18 TexReg 2557; transferred effective September 1, 1993, as published in the Texas Register September 3, 1993, 18 TexReg 5885; amended to be effective May 1, 1995, 20 TexReg 1659; amended to be effective July 1, 1996, 21 TexReg 5328; amended to be effective May 1, 1998, 23 TexReg 4060; Transferred from Title 40, Chapter 90 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1883, eff. 5/1/2019; Amended by Texas Register, Volume 47, Number 07, February 18, 2022, TexReg 0789, eff. 2/24/2022