a. DADS may issue a six-month provisional license in the case of a corporate change of
b. DADS must issue a six-month provisional license for a newly constructed facility without
conducting an NFPA 101 inspection if:
1. an applicant makes a request in writing for a provisional license;
2. the applicant submits working drawings and specifications to DADS for review in
accordance with §92.64 of this chapter (relating to Plans, Approvals, and
Construction Procedures) before facility construction begins;
3. the applicant obtains all approvals, including a certificate of occupancy in a
the jurisdiction that requires one, from local authorities having jurisdiction in the area
in which the facility is located, such as the fire marshal, health department and
building inspector;
4. the applicant submits a complete license application within 30 days after receipt
of all local approvals described in paragraph (3) of this subsection;
5. the applicant pays the license fee required by §92.4 of this chapter (relating to
License Fees);
6. the applicant, or a person who is a controlling person and an owner of the
the applicant has constructed another facility in this state that complies with the
NFPA 101; and
7. the applicant is in compliance with resident-care standards for licensure required
by Subchapter C of this chapter (relating to Standards for Licensure) based on an
an on-site inspection conducted in accordance with §92.81 of this chapter (relating to
Inspections and Surveys).
c. DADS considers the date facility construction begins to be the date the building
construction permit for the facility was approved by local authorities.
d. A provisional license expires on the earlier of:
1. the 180th day after the effective date of the provisional license or the end of any
extension period granted by DADS; or
2. the date a two-year license is issued to the provisional license holder.
e. DADS conducts an NFPA 101 inspection of a facility as soon as reasonably possible after
DADS issues a provisional license to the facility.
f. After conducting an NFPA 101 inspection, DADS issues a license in accordance with
Texas Health and Safety Code §247.023 to the provisional license holder if the facility
passes the inspection and the applicant meets all requirements for a license.