Waiver Survey and Certification Life Safety Code and Informal Review Process Updates Home and Community based Services (HCS)
Life Safety Code Updates Home and Community based Services (HCS)
Life Safety Code DADS is updating the HCS rule regarding Life Safety Code inspection requirements for fourperson residences. Effective April 1, 2014, the HCS rule will reflect the HCS program providers requirement to be in compliance with their local fire safety authority regulations for their four-person homes.
Life Safety Code DADS will be removing the reference to IFC Group I-1. Information Letter No. 13-62 outlines the new process. HCS program providers must take the necessary steps to comply with their local fire regulations.
Life Safety Code DADS Waiver, Survey and Certification (WSC) will consider the provider to be in compliance with 9.178(e)(1) through September 1, 2014, as long as the HCS provider has evidence of a valid NFPA certification for a four-person residence located in an IFC jurisdiction. During the transition period, WSC will accept an existing valid NFPA certification for fourperson homes that are in an IFC jurisdiction.
Life Safety Code If the four-person home does not have a current inspection, no more than three individuals may reside in the home. For homes that do not have a current inspection, DADS Waiver Survey and Certification will complete a Life Safety Code (LSC) worksheet to ensure the safety of the others in the home; however, four individuals may not reside in the home until the home comes into compliance with the local fire marshal.
Life Safety Code Documentation Effective April 1, 2014, program providers must ensure the following documentation is available in each four person home: Most recent inspection by the local fire authority; Most recent evacuation scores (E-scores) completed for the home; Most recent sprinkler system inspections if applicable;
Life Safety Code Documentation (continuation) Effective April 1, 2014, program providers must ensure the following documentation is available in each four person home: Documentation of the heat detection system if the home has a sprinkler system; Documentation regarding flame spread (Class A, B, or C) for the home (if the ceiling and wall finish is anything other that gypsum board);
Life Safety Code Documentation (continuation) Effective April 1, 2014, program providers must ensure the following documentation is available in each four person home: Most recent fire alarm system check; and Documentation to prove that drapery, curtains or other similar loosely hanging furnishings (but not shower curtains) meet the flame propagation performance criteria required under the National Fire Protection Association (NFPA) 701 (not needed if the home has a sprinkler system).
Life Safety Code Program providers are expected to be in full compliance with their local fire safety authority by September 1, 2014. DADS will provide technical assistance if requested during the transition period to assist providers. Email questions to: waiversurvey.certification@dads.state.tx.us.
Informal Review Process Updates Home and Community based Services (HCS) Texas Home Living (TxHmL)
Changes to the Informal Review Process DADS Form 3610 is now called Informal Review Request. Reports are to be sent to Compliance and Oversight. Timelines have changed. Informal Review Requests will be based on Draft Report. No changes will be made to the Draft Report.
Informal Review Process Program providers will be notified during HCS and TxHmL reviews of their right to request an Informal Review. Program providers may request an informal review of any citation remaining in noncompliance.
Submitting an Informal Review To request an informal review of a draft report finding, the program provider must submit a completed DADS form 3610 Informal Review Request to DADS, as instructed on the form. DADS must receive the completed form within seven calendar days after the date of the review exit conference.
Informal Review Results If DADS receives a timely request for an informal review, DADS conducts an informal review and: notifies the program provider, in writing, of the results of the informal review within 10 calendar days of receipt of the request; and sends the program provider a final review report within 21 calendar days after the date of the review exit conference. The Informal Review results letter and the final report will be sent together to the program provider.
Future Rule Changes Regarding the Informal Review Process In the near future, DADS will amend the HCS and TxHmL rules at 40 TAC Chapter 9, Subchapters D and N, to include the informal review process described in Information Letter 13-70.
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