All homes in which adult foster care is provided must:
  (1) have bedrooms with at least 80 square feet of floor space in a single occupancy room, and at least 60 square feet of floor space per client in a double occupancy room. The bedrooms must:
    (A) be close enough in proximity to the provider to alert the provider to nighttime needs or emergencies, or they must be equipped with a call bell or intercom;
    (B) have been constructed as sleeping areas when the home was built, or have been remodeled under permit that meets local requirements;
    (C) be finished with walls or partitions of standard construction which go from floor to ceiling; and
    (D) be ventilated and lighted with at least one window that will open freely and remain open from the inside without special tools;
  (2) provide each resident with a bed and sufficient drawer and closet space in the resident's bedroom;
  (3) have no more than two beds in any room;
  (4) have comfortable sleeping arrangements for residents;
  (5) provide at least one comfortable sitting chair per resident in each bedroom;
  (6) provide at least one grab bar in the bathtub/shower area and a slip-proof surface in the bathtub/shower area;
  (7) have adequate supplies of soap and toilet paper for each bathroom. Residents must be provided with individual towels and wash cloths;
  (8) provide a sketch of the home floor plan showing the dimensions and the purpose of all rooms and specifying where residents and household members will sleep. As arrangements change, an updated floor plan must be provided to Department of Human Services (DHS) staff;
  (9) have a conspicuously posted emergency/disaster evacuation plan that specifies what procedures residents follow in case of emergency, and hold evacuation drills at least every six months with at least one of the two required annual drills occurring during sleeping hours;
  (10) have at least one working telephone available in the home for residents to make calls. The foster care caseworker, the client, the client's family or guardian, and the client's physician must be kept informed of the provider's current telephone number. The client has the right to give out the telephone number. Limitations on the use of the telephone must be specified in the house rules. Providers must not charge recipients for the use of the telephone for local calls;
  (11) have emergency telephone numbers, including the adult foster care caseworker's number, located at or near the telephone;
  (12) have an operational smoke detection system. Battery operated detectors are acceptable;
  (13) have a portable ABC-type fire extinguisher charged and ready for use;
  (14) have first-aid supplies on the premises, as recommended by the American Red Cross;
  (15) have at least one communal dining table with adequate seating for all residents at the same time;
  (16) provide space and furniture for residents' visitors;
  (17) provide laundry service for the residents as part of the room and board rate;
  (18) meet all applicable state and local building, zoning, and housing codes;
  (19) be maintained, repaired, and cleaned so that the homes are not hazardous to residents in care (including yards). There must be no accumulation of garbage, debris, rubbish, or offensive odors. If house pets are kept indoors, sanitation must be maintained. Swimming pools must be fenced;
  (20) have screens on windows and doors used for ventilation;
  (21) have equipment and furnishings that are safe for residents;
  (22) have flammable and poisonous substances, explosives, and firearms stored and inaccessible to residents;
  (23) maintain room temperatures at levels which are comfortable to residents. Heating and cooling systems must be in good working order. Maintain hot water temperatures in resident areas between 100 degrees Fahrenheit and 125 degrees Fahrenheit;
  (24) have food preparation areas and equipment clean, free of offensive odors, and in good repair. Utensils, dishes, and glassware must be washed in hot soapy water, rinsed, and stored to prevent contamination; and
  (25) store soiled linens and clothing in containers in an area separate from food storage, kitchen, and dining areas.

Source Note: The provisions of this §278.109 adopted to be effective January 1, 1994, 18 TexReg 8232; transferred effective June 28, 2024, as published in the June 7, 2024, issue of the Texas Register, 49 TexReg 4061