Tex. Health & Safety Code Section 242.039
Fire Safety Requirements


(a)

The executive commissioner shall adopt rules necessary to specify the edition of the Life Safety Code of the National Fire Protection Association that will be used to establish the life safety requirements for an institution licensed under this chapter.

(b)

The executive commissioner shall adopt the edition of the Life Safety Code of the National Fire Protection Association for fire safety as designated by federal law and regulations for an institution or portion of an institution that is constructed after September 1, 1993, and for an institution or portion of an institution that was operating or approved for construction on or before September 1, 1993.

(c)

The executive commissioner may not require more stringent fire safety standards than those required by federal law and regulation. The rules adopted under this section may not prevent an institution licensed under this chapter from voluntarily conforming to fire safety standards that are compatible with, equal to, or more stringent than those adopted by the executive commissioner.

(d)

Licensed health care facilities in existence at the time of the effective date of this subsection may have their existing use or occupancy continued if such facilities comply with fire safety standards and ordinances in existence at the time of the effective date of this subsection.

(e)

Notwithstanding any other provision of this section, a municipality shall have the authority to enact additional and higher fire safety standards applicable to new construction beginning on or after the effective date of this subsection.

(g)

The executive commissioner shall adopt rules to implement an expedited inspection process that allows an applicant for a license or for a renewal of a license to obtain a life safety code and physical plant inspection not later than the 15th day after the date the request is made. The department may charge a fee to recover the cost of the expedited inspection. The rules must permit the department to charge different fee amounts based on the size and type of institution.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 583, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 917 (H.B. 2972), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0605, eff. April 2, 2015.

Source: Section 242.039 — Fire Safety Requirements, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­242.­htm#242.­039 (accessed Dec. 2, 2023).

242.001
Scope, Purpose, and Implementation
242.002
Definitions
242.003
Exemptions
242.005
Performance Reports
242.006
Directory of Licensed Institutions
242.007
Consultation and Cooperation
242.008
Employment of Personnel
242.009
Federal Funds
242.010
Change of Administrators
242.011
Language Requirements Prohibited
242.013
Paperwork Reduction Rules
242.014
Prohibition of Remuneration
242.015
Licensed Administrator
242.016
Fees and Penalties
242.017
Admissibility of Certain Evidence in Civil Actions
242.019
Guardianship Orders
242.020
Civil Liability Related to Misappropriation of Resident’s Funds
242.0021
Controlling Person
242.031
License Required
242.032
License or Renewal Application
242.033
Issuance and Renewal of License
242.034
License Fees
242.035
Licensing Categories
242.036
Grading
242.037
Rules
242.038
Reasonable Time to Comply
242.039
Fire Safety Requirements
242.040
Certification of Institutions that Care for Persons with Alzheimer’s Disease and Related Disorders
242.041
False Communication Concerning Certification
242.042
Posting
242.043
Inspections
242.044
Unannounced Inspections
242.045
Disclosure of Unannounced Inspections
242.046
Open Hearing
242.047
Accreditation Review to Satisfy Inspection or Certification Requirements
242.048
Licensing Surveys
242.049
Quality Improvement
242.051
Notification of Award of Exemplary Damages
242.052
Drug Testing of Employees
242.061
Denial, Suspension, or Revocation of License
242.062
Emergency Suspension or Closing Order
242.063
Injunction
242.064
License Requirement
242.065
Civil Penalty
242.066
Administrative Penalty
242.067
Report Recommending Administrative Penalty
242.068
Hearings on Administrative Penalties
242.069
Notice and Payment of Administrative Penalty
242.070
Application of Other Law
242.071
Amelioration of Violation
242.072
Other Remedies
242.073
Legal Action by the Attorney General
242.074
Notification of Change in Financial Condition
242.091
Findings and Purpose
242.092
Definition
242.093
Appointment by Agreement
242.094
Involuntary Appointment
242.095
Fee
242.096
Nursing and Convalescent Home Trust Fund and Emergency Assistance Funds
242.097
Additional License Fee--nursing and Convalescent Homes
242.098
Reimbursement
242.099
Applicability of Other Law
242.100
Notification of Closing
242.101
Criminal Penalty
242.102
Ineligibility for License
242.151
Physician Services
242.153
Director of Nursing Services
242.154
Nursing Services
242.155
Pediatric Nursing Services
242.156
Required Medical Examination
242.157
Dental Examination
242.158
Identification of Certain Nursing Facility Residents Requiring Mental Health or Intellectual Disability Services
242.159
Automated External Defibrillators
242.181
Definitions
242.182
Respite Care
242.183
Plan of Care
242.184
Notification
242.185
Inspections
242.186
Suspension
242.201
Scope of Subchapter
242.202
Disclosure Required
242.203
Violation
242.204
Rules
242.221
Automated System for Medicaid Patient Care and Reimbursement
242.222
Data Used by System
242.223
Frequency of Data Submission
242.224
Electronic Claims for Reimbursement
242.225
Date of Reimbursement
242.226
Rules
242.251
Scope of Subchapter
242.252
Election of Arbitration
242.253
Arbitration Procedures
242.254
Arbitrator
242.255
Arbitrator
242.256
Duties of Arbitrator
242.257
Scheduling of Arbitration
242.258
Exchange and Filing of Information
242.259
Attendance Required
242.260
Testimony
242.261
Evidence
242.262
Closing Statements
242.263
Ex Parte Contacts Prohibited
242.264
Order
242.265
Effect of Order
242.266
Clerical Error
242.267
Court Vacating Order
242.268
No Arbitration in Case of Emergency Order or Closing Order
242.269
Enforcement of Certain Arbitration Orders
242.301
Definitions
242.302
Powers and Duties of Department and Executive Commissioner
242.303
Nursing Facility Administrators Advisory Committee
242.304
Fees
242.305
Practicing Without a License
242.306
License Application
242.307
Examination
242.308
Licenses
242.309
Provisional License
242.310
License Renewal
242.311
Mandatory Continuing Education
242.312
Complaint Receipt, Investigation, and Disposition
242.313
Sanctions
242.314
Written Reprimand and Continuing Education as Sanctions
242.315
Administrative Penalty as Sanction
242.316
Notice and Hearing
242.317
Informal Proceedings
242.318
Monitoring of License Holder
242.319
Civil Penalty
242.320
Assistance of Attorney General
242.321
Offense
242.322
Protection for Refusal to Engage in Certain Conduct
242.323
Monitoring of License Holder
242.324
Civil Penalty
242.325
Assistance of Attorney General
242.326
Offense
242.327
Protection for Refusal to Engage in Certain Conduct
242.0335
Expedited Issuance of Change of Ownership License to Certain Current License Holders
242.0336
Temporary Change of Ownership License
242.0371
Notice of Certain Employment Policies
242.0373
Restraint and Seclusion
242.0385
Early Compliance Review
242.0395
Registration with Texas Information and Referral Network
242.401
Quality of Life
242.402
Quality of Care
242.403
Standards for Quality of Life and Quality of Care
242.404
Policies, Procedures, and Practices for Quality of Care and Quality of Life
242.0405
Notice of Alzheimer’s Disease and Related Disorders Certification
242.0441
Follow-up Inspections
242.0442
Commission Evaluation of Regulatory Capacity
242.0445
Reporting of Violations
242.501
Resident’s Rights
242.502
Rights Cumulative
242.503
Duties of Institution
242.504
Information About Resident’s Rights and Violations
242.505
Prescription of Psychoactive Medication
242.551
Complaint Requesting Inspection
242.552
Disclosure of Substance of Complaint
242.553
Confidentiality
242.554
Preliminary Review of Complaint
242.601
Medication Administration
242.602
Pharmacist Services
242.603
Storage and Disposal of Medications
242.604
Reports of Medication Errors and Adverse Reactions
242.605
Medication Reference Sources
242.606
Permits to Administer Medication
242.607
Exemptions for Nursing Students and Medication Aide Trainees
242.608
Rules for Administration of Medication
242.609
Training Programs to Administer Medication
242.610
Issuance and Renewal of Permit to Administer Medication
242.611
Fees for Issuance and Renewal of Permit to Administer Medication
242.612
Violation of Permits to Administer Medication
242.613
Emergency Suspension of Permits to Administer Medication
242.614
Administration of Medication
242.0615
Exclusion
242.0661
Administrative Penalty for Confiscation or Misappropriation of Federal Payments
242.0663
Violation of Law Relating to Advance Directives
242.0665
Right to Correct
242.0695
Use of Administrative Penalty
242.841
Definitions
242.842
Criminal and Civil Liability
242.843
Covert Use of Electronic Monitoring Device
242.844
Required Form on Admission
242.845
Authorized Electronic Monitoring: Who May Request
242.846
Authorized Electronic Monitoring: Form of Request
242.847
Authorized Electronic Monitoring: General Provisions
242.848
Reporting Abuse and Neglect
242.849
Use of Tape or Recording by Agency or Court
242.850
Notice at Entrance to Institution
242.851
Enforcement
242.852
Criminal Offense
242.901
Definition
242.902
Family Council
242.903
Duties of Institution
242.904
Meetings
242.905
Visiting
242.906
Administration
242.0945
Qualifications of Trustees
242.0946
Nepotism Prohibition
242.951
Definition
242.952
Applicability
242.953
Services Provided by Certain Vocational Nursing Students
242.0965
Assisted Living Facility Trust Fund and Emergency Assistance Funds
242.0975
Additional License Fee--assisted Living Facilities
242.3061
Applicability of Other Law
242.3115
Applicability of Other Law
242.6101
Results of Examination for Issuance of Permit
242.6111
Applicability of Other Law

Accessed:
Dec. 2, 2023

§ 242.039’s source at texas​.gov