Section 559.17 - Building Approval(a) Local fire authority. All initial, change of ownership, and renewal applications for licensure must include the written approval of the local fire authority that the facility and its operation meet local fire ordinances. The written approval must be uploaded into the application in the online portal.(b) Local health authority. The following procedures allow the local health authority to provide recommendations to HHSC concerning facility licensure.(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. This notice must be uploaded into the application submitted through the online portal. 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, by uploading the notice into the application submitted through the online portal. The local health authority may provide recommendations to the HHSC Regulatory Services Licensing and Credentialing Section regarding the status of compliance with local codes, ordinances, or regulations.(2) Increase in capacity. The license holder must submit an application through the online portal for approval of an increase in capacity from the HHSC Regulatory Services Licensing and Credentialing Section. The license holder must notify the local fire marshal and health authority of the request. The license holder must arrange for the inspection of the facility by the local fire marshal. The facility must upload a copy of the written notice sent to the local health authority notifying them of the increase in capacity into the capacity increase application submitted through the online portal. HHSC approves the application only if the facility is found to be in compliance with the standards. Upon approval, the HHSC Regulatory Licensing and Credentialing Section issues a license with the increased 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 submitted through the online portal. The local health authority may provide recommendations to HHSC regarding the status of compliance with local codes, ordinances, or regulations.(4) Renewal. The applicant for renewal must provide to HHSC a copy of a letter notifying the local health authority of the request for a renewal by uploading the letter into the renewal application submitted through the online portal. 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.26 Tex. Admin. Code § 559.17
The provisions of this §98.17 adopted to be effective January 1, 1995, 19 TexReg 9531; amended to be effective May 1, 1999, 24 TexReg 3100; amended to be effective April 1, 2007, 32 TexReg 1749; Transeferred from Title 40 Part 1 Chapter 98 Subchapters A-G by Texas Register, Volume 45, Number 51, December 18, 2020, TexReg 9249, eff. 1/15/2021; Amended by Texas Register, Volume 49, Number 27, July 5, 2024, TexReg 4914, eff. 7/10/2024