License capacity versus occupancy load for DAHS facilities
License capacity for a DAHS facility (the maximum number of clients served in the DAHS facility at any time during the day) is based on the Department of Aging and Disability Services (DADS) minimum standards for licensure at Texas Administrative Code Title 40, Part 1, Chapter 98, §98.42 and §98.43.
The maximum occupancy load for a building (meaning the total number of people who may occupy a workplace, or a portion of a workplace, at any one time) is determined by local fire or building authorities for maximum building safety in the event of a fire. Occupancy load includes clients, staff and visitors. The fire marshal’s occupancy load capacity and DADS license capacity are based on different calculations. DADS license capacity will almost always be less than the local fire marshal’s occupancy total. In the event that DADS license capacity calculation is not less than the local fire marshal’s capacity total, the DADS license capacity will be reduced to correspond to the lower determination made by the fire marshal. While the license capacity and occupancy load are based on different calculations, the DAHS licensed capacity must not exceed the number of occupants approved by the local fire or building authorities. DADS licensed capacity will always be less than the local fire marshal’s occupancy total. The DAHS facility many not exceed licensed capacity listed on its license at any time during the day.
Visit us at Garlo Ward, PC.
