(a) Construction.      
        (1) Major construction. Construction, of other than minor alterations, shall not commence until the final plan review deficiencies have been satisfactorily resolved, the appropriate plan review fee, according to the plan review schedule in §125.15 of this title (relating to Fees), has been paid, and the department has issued a letter granting approval to begin construction. Such authorization does not constitute release from the requirements contained in this chapter. If the construction takes place in or near occupied areas, adequate provision shall be made for the safety and comfort of occupants.       
        (2) Construction commencement notification. The architect of record or the licensee or applicant shall  provide written notification to the department when construction will commence. The department shall be notified in writing of any change in the completion schedules.       
        (3) Completion. Construction shall be completed in compliance with the construction documents including all addenda or modifications approved for the project.       
      (b) Construction inspections. All facilities including those which maintain certification under Title XVIII of the Social Security Act (42 United States Code, §1395 et seq.), are subject to construction inspections.      
        (1) Number of construction inspections. A minimum of two construction inspections of the project is generally required for the purpose of verifying compliance with subchapters G  and H of this chapter and the approved plans and specifications. The final plan approval letter will inform the architect of record and the owner as to the minimum number of inspections required for the project.       
        (2) Requesting an inspection. The architect of record or the licensee shall request a inspection by submitting an Application for Inspection and the construction inspection fee in accordance with §125.15(d) of this title for each intermediate inspection, final inspection, and reinspection requested. Inspection requests by contractors will not be honored.                  (A) The architect of record or the licensee shall request an intermediate construction inspection to occur at approximately 80% completion. All major work above the ceiling  shall be completed at the time of the intermediate inspection, however ceilings should not be installed.                   (B) The architect of record or the licensee shall request a final construction inspection at 100% completion. One-hundred percent completion means that the project is completed to the extent that all equipment is operating in accordance with specifications, all necessary furnishings are in place, and patients could be admitted and treated in all areas of the project.         
        (3) Reinspection. Depending upon the number and nature of the deficiencies cited during the final inspection, the surveyor may require that an inspection be conducted to confirm correction of all deficiencies cited. The request for re-inspection shall be submitted in  accordance with paragraph (2) of this subsection.       
      (c) Approval of project. Patients shall not occupy a new structure or remodeled or renovated space until approval has been received from the local building and fire authorities and the department.      
        (1) Documentation requirements. The licensee shall submit the following documents to the department before the project will be approved:                  (A) written approval of the project by the fire authority;                   (B) a certificate of occupancy for the project issued by the local building authority;                   (C) written certification by the engineer, stating that the fire sprinkler system is installed in accordance with the requirements of NFPA 13,  Standard for the Installation of Sprinkler Systems, 1999 edition, if applicable;                   (D) fire alarm system certification (form FML-009 040392 of the Office of the State Fire Marshal), if applicable;                   (E) a written plan of correction signed by the licensee for any deficiencies noted during the final inspection;                   (F) a copy of documentation indicating the flame spread rating and the smoke development rating of any wall covering installed in this project. Provide a signed letter or statement corroborating the installation of the product in the project;                   (G) a copy of documentation indicating that draperies, curtains, and other similar loosely hanging furnishings and decorations are flame  resistant as demonstrated by passing both the small and large-scale tests of National Fire Protection Association (NFPA) 701, Standard Methods of Fire Tests for Flame-Resistant Textiles and Films, 1999 edition, as required by NFPA 101, Code for Safety to Life from Fire in Buildings and Structures, §18-7.5, and provide a signed letter or statement corroborating the installation of the product in the project. All documents published by NFPA as referenced in these rules may be obtained by writing or calling the NFPA, 1 Batterymarch Park, Quincy, MA 02169-7471, or (800) 344-3555.                   (H) a Final Construction Approval form signed by the licensee; and                   (I) any other documentation or information required due to the type of the project.         
        (2) Verbal occupancy approval.                  (A) If, during the final inspection, the surveyor finds only a few minor deficiencies that do not jeopardize resident health, safety and welfare, the surveyor may grant verbal approval for occupancy contingent upon the documents listed in paragraph (1)(A)-(E) of this subsection being provided to and approved by the surveyor at the time of the final inspection.                   (B) Verbal occupancy approval allows the licensee to occupy the project. However, the licensee must submit the documents required in paragraph (1)(F)-(I) of this subsection before the project receives final approval.         
        (3) Final approval. Upon its receipt and acceptance of the documents required in  paragraph (1) of this subsection, the department will issue final approval of the project.       
     Source Note:        The provisions of this §506.95 adopted to be effective July 25, 2004, 29 TexReg 6911; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2467