Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998 Page: 12,337
12311-12450 p. ; 28 cm.View a full description of this periodical.
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system shall comply with the requirements for new construction and
may not be replaced, materially altered, or extended in an existing
ASC 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 135.53 of this
title (relating to Preparation, Submittal, Evaluation and Approval of
Plans).
(2) Minor remodeling or alterations. Minor remodeling or
alterations within an existing ASC which do not involve alterations
to load bearing members and partitions, change functional operation,
affect fire safety, add or subtract services, or involve any of the major
changes listed in paragraph (3) of this subsection are considered
to be minor projects and require evaluation and approval by the
department An ASC shall submit a written request for evaluation,
a brief description of the proposed changes, and sketches of the
area being remodeled. Based on such submittal, the department
will evaluate and determine whether any additional submittals or
inspections are required. The department will notify the ASC upon
approval.
(3) Major remodeling or alterations. All remodeling or
alterations which involve alterations to load bearing members or
partitions, change functional operation, affect fire safety, or add or
delete services, are considered major projects. An ASC shall comply
with this paragraph prior to beginning construction of major projects.
(A) Submittal of plans. Plans shall be submitted in
accordance with 135.53 of this title for all major remodeling or
alterations.
(B) Phasing of construction in existing facilities. Pro-
jects involving alterations of or additions to existing buildings shall
be programmed and phased so that on-site construction will minimize
disruptions of existing functions.
(i) Access, exit access, fire protection and all
necessary functions shall be maintained so that the safety of the
occupants will not be jeopardized during construction.
(ii) Construction, dust and vapor barriers shall be
provided to separate areas undergoing demolition and construction
from occupied areas.
(iii) Temporary sound barriers shall be provided
where intense, prolonged construction noises will disturb patients or
staff in the occupied portions of the building.
(c) Previously licensed ASCs. A previously licensed ASC
which has been vacated or used for other purposes shall comply with
all the requirements for new construction contained in 135.52 of this
title in order to be licensed.
f135.52. Construction Requirements for New Ambulatory Surgical
Centers.
(a) Ambulatory surgical center (ASC) location. An ASC may
be a distinct separate part of an existing hospital, it may occupy an
entire separate independent structure, or it may be located within
another building such as an office building or commercial building.
(1) Accessibility. The location of a proposed new ASC
shall be easily accessible for service vehicles and fire protection
apparatus.
(2) Means of egress. An ASC shall have at least two
exits remotely located in accordance with National Fire Protection
Association (NFPA) 101, Code for Safety to Life from Fire in
Buildings and Structures, 1997 edition, 12-6.2.4.1. When a required
means of egress from the ASC is through another portion of thebuilding, that means of egress shall comply with the requirements
of NFPA 101 which are applicable to the occupancy of that other
building. Such means of egress shall be open, available, unlocked,
unrestricted, and lighted at all times during the ASC hours of
operation.
(3) Hazardous location.
(A) Underground and above ground hazards. A new
ASC or an addition(s) to an existing ASC may not be constructed
near a hazardous location. Hazardous locations include underground
liquid butane or propane, liquid petroleum or natural gas transmission
lines, high pressure lines, or under high voltage electrical lines.
(B) Fire hazards. A new ASC may not be built within
300 feet of above ground or underground storage tanks containing
liquid petroleum or other flammable liquids used in connection with
a bulk plant, marine terminal, aircraft refueling, bottling plant of a
liquefied petroleum gas installation, or near other hazardous or hazard
producing areas.
(C) Health and safety hazards. A new ASC may not
be located in a building(s) which, because of its location, physical
condition, state of repair, or arrangement of facilities, would be
hazardous to the health or safety of the patients.
(4) Undesirable locations.
(A) Nuisance producing sites. A new ASC may not
be located near nuisance producing sites such as industrial sites,
feed lots, sanitary landfills, or manufacturing plants which produce
excessive noise or air pollution.
(B) Flood plains. Construction of new ASCs shall
be avoided in designated flood plains. Where such is unavoidable,
access and required ASC components shall be constructed above the
designated flood plain. This requirement also applies to new additions
to existing ASCs or portions of facilities which have been licensed
previously as ASCs, but which have been vacated or used for other
purposes. This requirement does not apply to remodeling of existing
licensed ASCs.
(b) ASC site. The ASC site shall include paved roads,
walkways, and parking in accordance with the requirements set out
in this subsection.
(1) Paved roads and walkways.
(A) Paved roads shall be provided within lot lines
for access from public roads to the main entrance and to service
entrances.
(B) Finished surface walkways shall be provided for
pedestrians. When public transportation or walkways serve the site,
finished surface walkways or paved roads shall extend from the public
conveyance to the building entrance.
(2) Parking.
(A) Off street parking shall be provided at the mini-
mum ratio of two spaces for each operating room, one space for each
staff member and one visitor's space for each operating room.
(B) Handicapped parking. Parking spaces for handi-
capped persons shall be provided in accordance with the Texas Ac-
cessibility Standards of the Architectural Barriers Act, Texas Civil
Statutes, Article 9102, administered by the Texas Department of Li-
censing and Regulation (TDLR) and shall be in addition to the parking
spaces required by subparagraph (A) of this paragraph.ADOPTED RULES December 4, 1998 23 TexReg 12337
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Texas. Secretary of State. Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998, periodical, December 4, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379980/m1/37/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.