Opinion No.

Robert Bernstein, M.D. Commissioner Texas Department of Health 1100 West 49th Street Austin, Texas 78756

Re: Applicability of the 1985 Life Safety Code to nursing homes under subsection 4A(d) of article 4442c, V.T.C.S.

Dear Dr. Bernstein:

You ask whether article 4442c, V.T.C.S., authorizes the Department of Health to substitute the 1985 edition of the Code for Safety to Life from Fire in Buildings and Structures (hereinafter the Life Safety Code or code) for the 1976 edition of the code to ensure that nursing homes and custodial care homes are fire safe. We conclude that article 4442c does not…