HomeMy WebLinkAboutOrdinance 11209,!
ORDINANCE N0. -~
AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, PROVIDING FOR AMENDMENT OF ARTICLE XIII
BX DELETION OF "VECTOR CONTROL" SECTION, AND RENUMERATION OF
REMAINING SECTIONS; BY PROVIDING FOR AMENDMENT OF ARTICLE XIV BY
DELETION OF PREVIOUS DEFINITION OF "CHILD CARE FACILITIES"; BY
ADDING ARTICLE XVII, "DAY CARE CENTERS," PROVIDING A PURPOSE;
DEFINITIONS; HEALTH DEPARTMENT CERTIFICATE OF INSPECTION
INSPECTION AND COMPLIANCE; HEALTH DEPARTMENT CERTIFICATE OF
INSPECTION APPLICATION; HEALTH DEPARTMENT CERTIFICATE OF
INSPECTION DURATION AND RENEWAL; CONDITIONS OF CERTIFICATE OF
INSPECTION; INSPECTION FEE; DISPLAY OF HEALTH DEPARTMENT
CERTIFICATE OF INSPECTION; MINIMUM REQUIREMENTS; GENERAL FACILITY
DESIGN STANDARDS; INTERIOR DESIGN ACTIVITY AREAS; PREMISES,
SANITATION AND HYGIENE STANDARDS FOR DAY CARE CENTER PERSONNEL;
FOOD SERVICE REQUIREMENTS; ANIMAL CARE; CHILD GARE WORKER
CERTIFICATE REQUIRED; APPLICABLE BUILDING CODE PERMITS;
REQUIREMENTS FOR CHANGE OF OWNERSHIP OF BUSINESS; APPLICABILITY OF
OTHER CITY PERMITS AND CERTIFICATES; ENFORCEMENT; PENALTY FOR
VIOLATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING PENALTIES; PROVIDING A SEVERABILITY AND
SAVINGS CLAUSE, PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS.
SECTION 1.
That Article XIII, Outdoors Public Gatherings, of Chapter 16 of the Code
of the City of Fort Worth (1986), as amended, is hereby further amended by
deletion of the current Sec. 16-328, "Vector Control", and renumeration of the
two (2) sections remaining in that Article
SECTION 2.
That Article XiV, "Permits for Certain Business, Occupations and
Vocations" of the Code of the City of Fort Worth (1986), as amended, is hereby
further amended by deletion of the term and corresponding definition "Child
Care Facility", in the definition section of that Article Article XIV is
further amended by the deletion of subsection 16-355{6), and by the
renumeration of the remaining five (5) subsections.
SECTION 3.
That Article XVIT, "Day Care Centers", of Chapter 16 of the Code of the
City of Fort Worth (1986), as amended, is hereby adopted and that Sections
16-420 through 16-440 are hereby codified and shall read and be as follows
Sec. 16-420. Purpose
The purpose of this Article is to supplement state statutes and
regulations governing day care centers by providing standards for the
operation of day care centers in the City of Fort Worth to protect the
health, safety and welfare of the occupants and patrons of day care
centers.
Sec. 16-421. Definitions.
Child -means a person under 18 years of age.
City -means City of Fort Worth.
City Code - means the Code of the City of Fort Worth, as amended from
time to time
City Manager - means the City Manager of the City of Fort Worth, Texas,
or his/her duly authorized representative, such as an Assistant City
Manager
Day Care Center -means a facility that provides care for more than 12
children under 14 years of age, who are not the natural or adopted
children of the owner or operator of the day care center, for less than
24 hours a day
Department -means the City of Fort Worth Department of Public Health
Director - means the Director of the City of Fort Worth Public Health
Department or his/her designee
Food Service - means the preparation or serving of meals or snacks
Handwashinq Lavatory -means a basin with hot and cold running water for
the washing of hands
Page 2
Health Department Certificate of Inspection -means a certificate issued
by the City of Fort Worth Department of Public Health upon application
and inspection of a day care center at the time the facility complies
with applicable City ordinances
Infant - means a child younger than eighteen (18) months old.
Isolation Area -means an area or room apart from other facilities which
shall be available for use by children who become sick or injured.
Owner - means a person having any legal or equitable interest in the
business or operation of a day care center A person is deemed to be an
owner for purposes of this chapter if that person operates, conducts,
manages, maintains or .controls, either directly or indirectly, a day
care center
Person - means an individual or any other legal entity.
Premises - means a tract of land with the buildings thereon, or a
building or part of a building with its grounds or other appurtenances
Pre-schoolers - means children between two (2) and five (5) years of age.
Refuse - means all wastes resulting from domestic, commercial or
industrial operations incident to urban life, except sewage, but
including garbage, brush and trash
Regulatory Authority - means the City of Fort Worth Public Health
Department
Restroom - means a self-contained enclosure with a door on it, containing
at least one lavatory and one commode.
Sewage - means the liquid waste, which may or may not contain solids,
from the plumbing facilities or sanitary conveniences of a building,
dwelling unit, business building or unit, factory or institution.
Single Purpose Sink - means a sink that is used for only one purpose,
said purpose being specifically designated by the facility and approved
by the Department Types of single purpose sinks include, but are not
limited to: handwashing lavataries at diaper changing stations,
handwashing lavatories in restrooms, wastewater disposal sinks, and sinks
required for food service preparation in accordance with the Rules on
Food Service Sanitation.
Toddler - means any child between eighteen (18) and twenty-three (23}
months of age
Sec. 16-422. Health Department Certificate of Inspectian: Inspection and
Compliance.
(1) A day care center shall be
representative prior to
inspection
inspected by the Director or his
issuance of a certificate of
Paqe 3
(2) No person shall operate or cause to be operated a day care
center in the City of Fort Worth without first obtaining a
Health Department certificate of inspection issued by the
Director
(3) The Director is hereby authorized to issue a Health Department
certificate of inspection in the City of Fort Worth when he
finds that the owner or operator of the day care center has
complied with the requirements of this Article and all other
applicable sections of the City Code If the day care center
is in compliance, the owner or operator of the day care center
as provided above shall be issued a Certificate of Inspection
(4) If at the time of inspection, a day care center is found to not
be in compliance with this Code, a Certificate of Inspection
will be denied and will not be issued After notification of
the violations or deficiencies which were detected, the owner
shall be required to remedy the conditions of violation or
deficiencies within a reasonable period of time as prescribed
by the Director, but not to exceed thirty (30) days
(5) If a certificate of inspection is denied by the Director, the
applicant may appeal the Director's determination by following
the procedure specified in Section 16-439(4}(c)
(6) The Director shall keep on file in the Department reports of
inspections made of the day care center as well as appropriate
'~ notices or directives to the owner or operator of any
violations or deficiencies observed in the inspection
(7) The owner or operator of the day care center shall operate
the facility or cause it to be operated at all times in
compliance with the provisions of this Article and other
applicable sections of the City Code. The owner or operator of
the day care center shall correct or cause to be corrected
within the time period specified any violation or deficiency
that is identified by the Department Director
Sec. 16-423. Health Department Certificate of Inspection Application.
(1) Application for a certificate of inspection which indicates
compliance with the day care center standards specified in this
ordinance shall be submitted to the Department by the owner
of a day care center on a form specified by the Department.
(2) The application for a certificate of inspection shall state
the name(s), address(es), telephone numbers}, driver's
license number(s) of all persons having an ownership interest
in the day care center, as well as any other information
requested by the Department
Page 4
(3) The application for a certificate of inspection of a day care
center shall state the date that the current valid
Certificate of Occupancy was obtained from the City of Fort
Worth Building Inspection Division or, if not yet obtained,
the date that application for a Certificate of Occupancy was
made
Sec. 16-424. Health Department Certificate of Inspection Duration and
Renewal.
(1) A Health Department certificate of inspection fora day care
center shall be valid for one year from the date of issuance,
unless the certificate of inspection is suspended or revoked
for cause as provided in this article The certificate of
inspection shall be valid until expiration takes place or until
revoked, provided, however, that possession of a certificate of
inspection shall not exempt the day care center from
re-inspection or citation for violations occurring during the
period of time between inspections. A certificate of
inspection shall not be transferable, and any change in use,
occupancy, ownership or operation shall require a new Health
Department certificate of inspection
(2} Application for renewal of a Health Department certificate of
inspection shall be made on a form specified by the Department
The owner shall submit an application for renewal to the
Department no later than four weeks prior to the impending
expiration date of the current certificate. The renewal
procedure shall require that the owner of the day care center
confirm the accuracy of the records of the Health Department
Any incorrect information or changes to the information in
the records of the Department for the day Care center shall be
corrected or made by the owner before the certificate of
inspection will be renewed
Sec. 16-425. Conditions of a Certificate of Inspection
(1) The issuance or granting of a certificate of inspection shall
not be deemed or construed to be a permit for, or an approval
of, any violation of any of the provisions of this Code No
certificate presuming to give authority to violate or cancel
the provisions of this Code shall be valid, except insofar as
the work or use which it authorizes is lawful
(2) Acceptance of a certificate of inspection for a day care center
is an express acknowledgment and consent to comply with the
terms and conditions set by this ordinance and the regulatory
authority The grant and usage of such certificate is a
Page 5
privilege, not a right, subject to reasonable restrictions as
set out herein or as may be promulgated by the regulatory
authority.
(3) As an express condition of the acceptance of a certificate
hereunder, the owner agrees to comply with any and ali
reasonable requests, orders or demands of the regulatory
authority
Sec. 16-426. Inspection Fee.
The owner of a day care center shall pay a non-refundable fee
to the Department in an amount established by City Council for a new
or renewal Health Department certificate of inspection at the time
application is made. All day care centers shall comply with all
other applicable City code requirements, including inspection and
fee requirements This section shall not prohibit inspections of a
day care center from occurring more often than once per year
Sec 16-427. Display of Health Department Certificate of Inspection.
The current certificate of inspection for the day care center
designated therein shall at all times be conspicuously posted in
public view on an inside wall of the main facility and shall be
subject to inspection by representatives of the Health
Department or other authorized persons.
Sec 16-428. Minimum Requirements
Each day care center for which an application for a certificate
of inspection is submitted shall be required to meet the minimum
standards set forth in this ordinance in the following areas:
general facility design, interior design for activity areas; outdoor
play areas and playground equipment; sanitation and hygiene for
personnel; food service requirements, and animal care
Sec. 16-429. General Facility Desiqn Standards.
A. General Requirements
(1) All stairs, porches, platforms and step elevations greater
than 24 inches shall provide handrails or guardrails for usage
by children in accordance with the City Building Code
(2} All glazing (including windows and doors) shall be installed
and maintained in accordance with the City Building Code
Page 6
(3) All electrical outlets which are or
by children younger than five years
child-proof covers or safety
electrical connections which are
by children younger than five yea;
a screen or guard.
may be accessible to or
old shall be protected by
outlets All 220-volts
or may be accessible to or
:s old shall be protected by
(4) The lead level of the water from each water tap and water
cooler in the facility, which water is accessible to or
consumed by children, must be at or below the maximum levels
allowed by the Texas Safe Drinking Water Act, as amended, and a
copy of which is on file with the City Secretary The
regulatory authority shall cause water from such water taps
and water coolers to be collected and sampled:
{a) prior to issuance of an original certificate of inspection
by the Department,
(b) upon repair or replacement of water supply lines or
fixtures or the extension of such lines in the facility;
(c) or as needed in the determination of the regulatory
authority
B
C
Room Finishes
(1) All surfaces of kitchen and restroom doors shall be smooth
and easily cleanable. All splash areas in kitchens and
bathrooms and the walls immediately adjacent thereto shall
have smooth and easily cleanable surfaces "Easily
cleanable" shall mean that surfaces are readily accessible
and made of such materials and finish and so fabricated that
residue may be effectively removed by normal cleaning
methods
(2) All floors shall be smooth, easily cleanable and free of the
following: cracks, bare concrete, splinters, sliding rugs,
telephone jacks, and electrical outlets
{3) Carpets shall be closely woven, of short nap and kept clean
and in good repair All carpets and carpeted areas shall be
vacuumed daily and shampooed as needed. Carpet use is
prohibited in restrooms and kitchens.
Sanitation Control Measures for Fixtures and Facilities
(1) All toilet fixtures and facilities shall be installed and
maintained in accordance with the City Plumbing Code
(2) (a) Commodes and urinals shall be located inside bathrooms
and equipped so that children are able to use them
independently in accordance with the City Plumbing Code
Bathroom doors must have no locks within the children's
reach
Page 7
(b) Handicap access and toilet facilities must be installed
and maintained in accordance with the City Building Code
(3) (a) There shall be at least one toilet and one handwashing
lavatory for every seventeen (17) children.
(b} There shall be separately designated restrooms for male
and female
(c} For the purposes of this section, for facilities subject
to licensing by the Texas Department of Human Resources,
the number of children is the maximum number of children
that may attend the facility according to the state
license, regardless of the actual number of children in
attendance For the purposes of this section, for a
facility not subject to licensing by the Texas Department
of Human Resources, the number of children is the actual
number of children enrolled at the facility
(4} All handwashing lavatories shall be provided with hot and cold
water under pressure, tempered by means of a mixing valve or
combination faucet The facility must ensure that the
temperature of hot water available to children is no higher
than 120 degrees Fahrenheit. Self-closing or metering faucets
shall provide a flow of water for at least fifteen seconds
without having to be reactivated Soap and ahand-drying
device ar disposable towels shall be provided for use by both
staff and children
(5) Restroom facilities shall be cleaned and
once daily and more often if necessary
prohibited in restrooms Restrooms shall
ventilated to control odors. Installation
mechanical vents shall be in accordance
Mechanical Code
sanitized at least
Carpet use is
be mechanically
and maintenance of
with the City
(6) All toilets shall be equipped with open front toilet seats in
accordance with the City Plumbing Code
(7} Each sink shall be designated as a "single-purpose use" sink
Combination fixtures, such as faucet/water fountains, are
prohibited Each day care center shall have the following
sinks:
(a) There shall be at least one handwashing lavatory in each
restroom or immediately adjacent to each restroom.
(b} If the facility has a diaper changing station, there must
be a handwashing lavatory in every room where there is at
least one diaper changing station
(c) If the facility engages in food preparation, there must be
a three-compartment sink in the food preparation area.
Page 8
(8) The source of potable water shall be from a public water
supply or a private water system which has been approved by the
regulatory authority or the Texas Department of Health,
maintained and operated according to Texas Department of Health
Drinking Water Standards Water under pressure shall be
provided in adequate supply to meet the provisions of the Texas
Department of Health Drinking Water Standards A copy of the
Texas Department of Health Water Standards is on file with
the City Secretary
(9) All sewage shall be discharged into a public sanitary sewer
system or into a private sewage disposal system approved by the
Texas Department of Health,
(10) All refuse shall be kept in containers constructed and
maintained of durable material with tight fitting lids or
covers, and shall be non-absorbent and free from leaks All
containers shall be kept covered when not in use A sufficient
number of containers shall be available to hold all refuse
Refuse shall be stored in clean areas, away from the
children and shall be inaccessible by flies, insects, rodents
and other pests
(11) All outer openings of a facility shall be .protected against the
entrance of flies, insects, rodents and other pests by outward
opening and self-closing doors, closed windows, screens, or
other effective means of protection and control as approved
by the regulatory authority
(12) Toxic substances, both indoors and out, shall be inaccessible
to children at all times All containers holding toxic
substances shall be clearly labelled to identify the toxic
substance contents.
(13} All toxic substances shall be dispensed and used in such a
manner so as to prevent the toxic substance from constituting a
hazard to the children or staff
(14) In the event that laundering is done on the premises, all
clothes dryers shall be vented to the exterior of the
building in accordance with the City Mechanical Code
(15) In all day care centers, all light fixtures shall either be
properly shielded or shall contain only shatterproof light
bulbs. At least fifty (50} foot candles of light shall be
provided in all areas of any room to which children have
access
Page 9
t
Sec. 16-430. Interior Design - Activity Areas.
A. General Requirements
(1) All equipment, materials and furnishings shall be of sturdy and
safe construction, easy to clean, free of sharp points or
corners, splinters, protruding nails, loose rusty parts, and
paint which contains lead or other poisonous materials.
(2} Each child shall be provided with individual storage space for
personal belongings
(3) Sleeping space and play areas may be used interchangeably so
long as adequate space for orderly storage of cots, bedding and
play equipment is provided. All cots, cribs and mats shall be
maintained in a safe and sanitary manner Hand contact
areas of cribs shall be sanitized daily Each child shall
have his or her own sleeping apparatus, which shall be placed
in such a manner so as to allow at least one (1) foot of open
space on all sides of the apparatus except where such apparatus
is adjacent to a wall or partition
(4) Individual cribs, portable cribs or playpens used for sleeping
shall be of safe and sturdy construction and equipped with
mattresses covered with waterproof material that can be
.cleaned. Crib sides shall have secure latching devices
Vertical slats on cribs shall not be spaced more than two and
one-half inches apart There shall be no more than one and
one-half inches of space between the mattress and bed frame
when the mattress is pushed flush to any one corner of the
crib
(5) Linens shall be laundered at least once per week and more often
if necessary Linens shared by children shall be laundered
after each use Linens used exclusively by one child shall be
stored separately from those of other children..
B Isolation Area
All day care centers shall provide an isolation area or
room for the use and comfort of any child who becomes ill or is
injured while at the facility While the isolation area or
room is in use by an ill or injured child, the area or room
must be kept free of other children
C.
Diaperina and Toileting
(1) Infants and toddlers shall be diapered in their own individual
cribs or at a diaper station which is in a central diapering
area on a sanitized surface
Page 10
(2) Diaper changing stations shall be located adjacent to
handwashing lavatories equipped with hot and cold water through
mixing faucets as required in the City Plumbing Code and
supplied with soap and disposable towels Hands of the
diapered child and persons changing the diaper shall be washed
before and after each diaper change The surface of all
diapering areas shall be sanitized after each use.
(3) Disposable diapers, once used, shall be placed in a cleanable
container with a tight fitting lid. The container shall be
lined with a moisture-proof disposable liner which may not be
reused. When the container is full, the liner and the used
diapers shall be removed to a clean area, away from the
children, and shall be inaccessible by flies, insects,
rodents, and other pests. Cloth diapers, once used, shall be
laundered or removed from the facility daily
(4) Diaper changing stations shall be used only for the purpose of
diaper changing
D. Feeding
(1) A child's hands shall be washed immediately prior to and
immediately after consuming any food or beverage
(2) Food and beverages shall be served in separate containers for
each infant or child Food and beverages shall not be served
directly to a child from the original container, unless it is a
single portion, single-use container Once served to a person,
portions of left-over food or beverages shall not be served
again, except that packaged foods or beverages, other than
potentially hazardous food, that are still packaged and are
still in sound condition, may be reserved
(3) Bottled infant formula shall be properly capped when not in'use
and shall be identified with the child's name Formula, once
prepared or opened, shall be refrigerated Any formula
prepared but not utilized on the day it is opened or mixed
shall be discarded at the end of that day
Sec 16-431. Exterior Premises
General Requirements
(1) Exterior premises shall be well-drained and maintained free of
high grass, poisonous plants, and pest harborages and
breeding sites
(2) Exterior premises shall be free from cisterns and cesspools,
and from unprotected wells, grease traps, utility equipment,
nuisances, and any other object or condition which may be
hazardous to children
p o n^ 1 1
(3) Outdoor play areas shall be surrounded by a fence The fence
shall be so constructed as not to have openings, hales or gaps
larger than four inches in any dimension except for doors and
gates; and if a picket or iron fence is erected or maintained,
the horizontal dimension shall not exceed four inches. The
fence shall have at least two exits. An entrance to the
building may count as one exit, but one exit must be away from
the building Such fence shall comply with provisions of the
zoning ordinance and other applicable city codes and
ordinances.
(4} Playground equipment constructed with protruding nails, screws,
sharp edges, splinters (rough, unsanded wood or other
materials) and toxic paints (e g lead based paints} is
strictly prohibited.
(5) All playground equipment shall be securely assembled and, where
applicable, securely anchored with unexposed anchors Such
equipment shall be installed, situated, and maintained so as to
prevent accidents and collisions
(b) Swimming and wading pools more than twenty-four {24) inches
deep shall be enclosed by a fence no less than six (6) feet in
height which has a self-closing, self-locking gate When a
swimming or wading pool is not in use, it must be kept out of
the reach of children
{7} A minimum free residual chlorine of 1 d part per million units
of water shall be maintained in every swirt-ming pool and wading
pool when in use No water in any swimming pool or wading pool
when in use shall be permitted to show an acid reaction to a
standard pH test
(8) All pool chemicals and equipment shall be stored in a place and
manner which are at all times inaccessible to children
Sec. 16-432. Sanitation and Hygiene Standards for Day Care Center
Personnel.
General Recuirements
(1} No owner, employee or volunteer who has a communicable disease,
as defined by the Communicable Disease Prevention and Control
Act, or who is in a contagious state, or who is afflicted with
boils, infected wounds, sores, or acute diarrhea shall be
permitted to care for children, come into contact with
children, prepare food, or be allowed to work in any capacity
where he or she can transmit the communicable disease or infect
other individuals in the facility
(2) Owners, employees and volunteers shall wear clean clothing
and maintain a state of personal cleanliness while at the
facility.
Page 12
(3) Owners, employees and volunteers shall thoroughly wash their
hands with soap and warm water before starting work, during
work as often as necessary to keep them clean, after smoking,
eating, drinking, or using the toilet.
Sec. 16-433. Food Service Requirements.
General Reauirements
(1) All day care centers in which food is prepared for human
consumption shall comply with the pertinent food service
regulations set forth in the City Code and in the Rules on Food
Service Sanitation (1977), as amended, set forth by the Texas
Department of Health, and a copy of which is on file with the
City Secretary While day care centers in which food is
prepared on site must comply with all applicable food service
regulations, such centers need not obtain Food Service
Establishment permits, nor Temporary Food Service Establishment
permits Further, employees of such day care centers need not
obtain Food Handler's Certificates, nor must the day care
manager obtain a Food Manager's Certificate.
(2) Food Service Establishment permits, or Temporary Food Service
Establishment permits shall not be required in day care centers
which do not prepare food on site, which have children bring
their own lunches, which serve only prepackaged
single-service snacks, or which prepare no food other than
infant formula.
(3) All off-site food services used by a day care center must be
permitted as a food service facility by an appropriate health
department or authority in the jurisdiction wherein the food
is prepared Furthermore, facilities receiving food from such
food service entities must have adequate and appropriate
provisions for the holding and serving of food and for the
washing of utensils in accordance with the requirements of the
City Code
(4) (a) At all day care centers where food is prepared for human
consumption, residential type refrigerators, freezers and
ranges shall not be used for food preparation or storage
in the food preparation area Only equipment that meets
or exceeds the standards established by the National
Sanitation Foundation (NSF) will be approved for use,
except that, in areas other than food preparation areas,
residential type refrigerators may be used for storage of
infant formula, juices and medications requiring
refrigeration. Day care centers in operation upon
adoption of this ordinance which were equipped with
residential type equipment may continue to use such
equipment until such time as replacement of such equipment
Page 13
becomes necessary due to obsolescence or malfunction. All
replacement equipment must meet or exceed the standards
established by the NSF.
(b} Day Care Centers which do not prepare food on site, which
serve only prepackaged single-service snacks, or which
prepare no food other than infant formula may use a
residential type refrigerator for the purpose of storing
infant formula, prepackaged snacks or medications
requiring refrigeration
Sec. i6-434. Animal Care.
General Requirements
(1} Animals kept on or brought to day care center premises shall be
licensed and vaccinated against rabies if required by the City
Code Documentation of such vaccinations and registration
shall be kept on file at the facility.
(2) The day care center and premises shall be kept free of stray
animals.
(3) Animals and their living spaces at a day care center shall be
kept clean
(4} Turtles and psittacine birds shall not be kept at or brought to
day care center premises No "prohibited animals," as that term
is defined by the City Code, shall be kept at or brought to
day care center premises
Sec. 16-435 Child Care Worker Certificate Required.
(1) Every owner, employee and volunteer who cares for, controls, or
supervises children at a day care center, except for persons
whose exclusive responsibilities do not include the care,
control, or supervision of children, such as janitorial and
transportation duties, and who do not in fact care for, control
or supervise children, shall obtain a child care worker
certificate issued by the Department. If a child care worker
applies for a certificate and class but the worker is unable to
schedule a class before starting his/her job due to a lack of
space in a class, the worker may obtain a thirty (30) day
extension and work without a certificate for those thirty days.
(2) It shall be unlawful for any owner or operator to permit any
person to care for, control, or supervise children at the day
care center without the person first obtaining and holding a
valid child care worker certificate issued by the Department or
without obtaining a thirty (30) day extension
Page 14
(3) Every applicant fora child care worker certificate:
(a) shall submit an application on a form specified by the
Department which shall state the name, residence address,
date of birth, and such other information as may be
specified,
(b) shall, each year, whether the application is an original
application or a renewal application, submit to the
Department a record of the applicant's tuberculosis
examination completed no earlier than twelve (12) months
before the applicant begins work at a day care center or
applies for a renewal application, and shall maintain a
copy of the record of the tuberculosis examination at the
day care center;
{c) shall attend an orientation class provided by the
Department at a site specified by the Department before a
child care worker certificate, either original or renewal,
will be issued to the person; and
(d) shall pay the child care worker certificate fee
(4) A child care worker certificate shall be valid for one {1) year
from the date of its issuance unless revoked as provided
hereunder Application by a certificate holder for anew
certificate shall be made prior to impending expiration of the
certificate in the manner described above in Section 16-435(3).
(5) The Director is authorized to revoke a child care worker
certificate upon a finding that the holder failed to report a
communicable disease in the holder to the Health Department A
proposed request for revocation of a certificate shall be made
to the Director by the Department's Consumer Health
Administrator of the regulatory authority after investigation
and an opportunity for a hearing with the certificate holder.
(6) Anon-refundable fee for a child care worker certificate shall
be paid to the Department by an applicant in an amount
established by City Council
(7) A copy of the current child
maintained at the day care
employees and volunteers who
children at the facility,
required by this section
available for review upon t'
designee
care worker certificate shall be
center for each of its owners,
cares for, controls or supervises
and for whom a certificate is
Certificate records shall be
ae request of the Director or his
Page 15
(8) No child care worker certificate issued by the Director shall
be used for any purpose other than the purpose for which it was
issued, nor be transferred or assigned to, or in any manner
used by, any person other than the person to whom it was issued
by the Director
Sec 16-436. Applicable Building Code Permits
(1) Prior to the construction, alteration, repair, conversion,
improvement or enlargement of any building or structure to be
used as a day care center, the owner of the day care center
shall make application for and obtain a building permit as
required by the City Building Code.
(2) A "letter of intent" to operate a day care center shall be
submitted to the Department at the same time the plans and
specifications are submitted for review to the Fort Worth
Department of Development The Department of Development shall
receive a copy of the "letter of intent". Any change or
modification to the original "letter of intent'° shall cause the
owner to submit a revised "letter of intent" to the Department,
with a copy to the Department of Development The "letter of
intent", whether original or revised, shall include the
following information:
(a) proposed hours and days of operation of the day care
center;
(b) proposed number of children and age groups to be served by
the center;
(c) identification or designation of the type of day care
center to be operated at the site,
(d) if food preparation or service, as defined by the City
Code, will be provided at the facility, a sample menu for
one month;
(e) if food preparation or service, as defined by the City
Code, will not be provided at the facility, a statement
from the owner that no such food preparation or service
will take place at the facility; if the owner
subsequently desires to add food preparation or service,
as defined the City Code, to the facility, then the owner
shall comply with all applicable requirements of said
Code, excluding paying for and obtaining a food service
establishment permit for the facility.
(3) Nothing in .this section shall be construed to exempt the owner
of a day care center or permit applicant from complying with
all other applicable permits, inspection, or review by any
other City department
Paqe 16
Sec. 16-437. Requirements for Change of Ownership of
Business.
(1) For purposes of this section, "change of ownership of the
business of any day care center" is defined as the sale,
transfer, or exchange of any legal or equitable interest in the
business of operating a day care center to another person It
shall not be considered a "change of ownership of the business
of any day care center" for purposes of complying with the
requirements of this section if the owner of the business
changes only the type of business entity holding ownership and
the owner remains a controlling partner or officer in the new
entity.
(2) Whenever a change in the ownership o.f the business of any day
care center occurs, the existing Certificate of Inspection
shall be automatically revoked, and the new owner
(a) shall submit to the Director a scale drawing of the floor
plan of the facility indicating, but not limited, to the
following proposed room usage, equipment schedule, room
finish schedule, plumbing schedule, and outdoor play
area and play equipment;
(b) shall pay the applicable floor plan review fee;~and
(c) shall obtain a new certificate of inspection.
(3) The requirements of Section 16-437(2) are in addition to any
building permit or any applicable inspections or reviews by any
other City department
(4} In the event of a change of ownership of the business of any
day care center, it shall be unlawful for a new owner to
operate or cause to be operated a day care center without first
complying with all the requirements of Section 16-437(2).
(5} Whenever a change in
care center occurs,
non-refundable fee
Department in an amo~
Sec. 16-438. Applicability
Certificates.
the ownership of
the new owner of
for review of
ant established by
of Other
the business of any day
the business shall pay a
the floor plan to the
City Council
City Permits and
It shall be unlawful for any person to operate or cause to be
operated a day care center in the City of Fart Worth without first
obtaining a Building Code Permit, certificate of occupancy,
certificate of inspection or any other certificate or permit which
may be required by any applicable article or chapter of the City
Code of the City of Fart Worth It shall be unlawful for any person
to operate or cause to be operated a food service establishment or
temporary food service establishment at a day care center without
adhering to all rules for operation of such food service
Page 17
establishment, although said facility need not obtain a separate
permit for said use from the City Public Health Department. An
owner of a day care center shall also comply with all applicable
City Code requirements before a permit is issued
Sec. 16-439 Enforcement.
The Director shall have the authority and responsibility to
enforce the provisions of this article and applicable state statutes
regarding day care centers.
(1) The Director or his representative shall have the authority to
inspect or visit all day care centers at all reasonable times
and as he determines necessary to ascertain if they are
being maintained and operated in conformity with this article
or if any conditions exist at a facility which require
correction. An inspection shall be made at least once each
year to ensure that the facilities, grounds, and equipment are
maintained in compliance with this article and in a safe,
sanitary and healthy condition for the welfare of the occupants
and patrons of the day care center
(2) The Director or his representative shall have the authority to
give written notice to the owner of a day care center of any
violation of this article and/or requirement to comply with
the provisions of this article.
If a day care center is found to be in operation without
a certificate of inspection, the Director shall have the
authority to give written notice to the owner of said facility
to cease child caring activities immediately, irrespective of
how the facility is maintained or operated The Director may
permit the day care center to remain in operation with the
proviso that the facility obtain a certificate of inspection
within a reasonable time, but said reasonable time may not
exceed thirty (30) days.
(3) The Director or his representative shall have the authority
after giving written notice to suspend the certificate o.f
inspection if he ascertains any violation causing immediate
danger to a child regarding• construction of the facility and
on-premises buildings, rest rooms, sanitation of the facility,
preparation, storage and handling of food, storage of chemicals
or any harmful solution, infectious diseases, and hazards in
outdoor play areas Suspension of the certificate of
inspection shall require the operator to cease all child-caring
immediately and to bring the day care center into compliance
with the directives from the Department within a prescribed
time period. Failure to rectify designated problems at the
day care center within the prescribed time period shall lead to
revocation of the certificate.
Page 18
(4) The Director shall have the authority to revoke any certificate
if he ascertains that an owner or operator has failed or
refused to comply with the minimum requirements set forth in
this chapter for a day care center, providing that the
fallowing procedure is adhered to•
{a) The Director, in writing by certified mail or by personal
service, shall notify the owner of the manner in which the
owner or the day care center fails to comply with the
provisions of this chapter, and shall specify a reasonable
time by which the owner shall remedy said failure
(b) If the owner fails to comply with the provisions of this
chapter within the time specified, the Director shall give
notice in writing to the owner of the day care center that
the certificate issued for the operation of the day care
center is revoked. This action of revocation is in
addition to any criminal enforcement of this article
(c) The notice of revocation or a denial of a certificate
shall become final after the expiration of ten (10) days
from the date of service upon the owner or operator of the
day care center in question, unless on or before the
expiration of ten (10) calendar days the owner or his duly
authorized agent shall file with the office of the City
Manager a written letter of appeal briefly stating therein
the basis for such appeal. A hearing shall be held on a
date no more than fifteen (i5) days after receipt of the
letter of appeal unless extended by mutual agreement of
the parties The owner appellant shall be given at least
five (5) days' notice of the date, time and place of the
hearing The City Manager shall give the appellant, and
any other affected party, a reasonable opportunity to be
heard, in order to show cause why the determination of
the regulatory authority should not be upheld In all
such cases the burden of proof shall be upon the appellant
to show that there was no substantial evidence to support
the action taken by the regulatory authority The City
Manager shall make his determination and shall notify the
appellant of his determination. The decision of the City
Manager is final.
(5) The Director shall have the authority to revoke any
certificate, if he determines, after affording the owner of a
certificate an opportunity to be heard, that
(a) the certificate is used or was used by a person other than
the person to whom the certificate was issued,
(b) the certificate is used for a location other than that for
which it was issued;
(c) any of the conditions or limitations set forth in the
certificate have been violated,
Page 19
(d) there has been any false statement or misrepresentation as
to a material fact in the plans, specifications or
documentation on which the certificate was based.
(6) Any suspension or revocation of a certificate of inspection by
the City shall be reported to the Texas Department of Human
Services The City shall also report a day care center
operating without a valid certificate of inspection to the
Texas Department of Human Services
(7) Any person aggrieved by a finding, determination, notice or
action taken under the provision of codes or ordinances other
than Health shall follow the appeal process designated in the
applicable code or ordinance
Sec. 16-440. Penalty for Violations.
(1) Any person violating any provision of this article shall be
guilty of a misdemeanor and upon conviction in municipal court
shall be fined not more than Two Thousand Dollars ($2,000),
and each separate violation shall constitute a
separate offense, and each and every day the offense occurs
shall constitute a distinct and separate offense
{2) If, after revocation of a certificate of inspection, a person
continues to operate a day care center, he or she shall be
subject to the penalties described in subsection 16 440{1)
Sections 16-441 thru 16-455 Reserved
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and of
the Code of the City of Fort forth, Texas (1986), as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of
such ordinances and such Code, in which event conflicting provisions of such
ordinances and such Code are hereby repealed
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects
or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance shall be fined not more than Two Thousand Dollars
($2,000 00) for each offense. Each day that a violation is permitted to exist
constitutes a separate offense.
Page 20
SECTION 6.
It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and, if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section
SECTION 7.
The City Secretary of the City of Fort Worth, Texas, is hereby authorized
to publish this ordinance in pamphlet form for general distribution among the
public, and the operative provisions of this ordinance as so published shall
be admissible in evidence in all courts without further proof other than
the production thereof, as provided in Chapter XXV, Section 3, of the Charter
of the City of Fort Worth, Texas
SECTION 8.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the caption, the purpose clause (Section 1, Subsection
20-364), penalty clause (Section 3) and effective date of this ordinance for
two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by Section 52 013, Texas Local Government Code.
SECTION 9.
This ordinance shall be in full force and effect from and after its
passage and publication as required by law, and it is so ordained
APPROVED AS TO FORM AND LEGALITY.
Assis,ant City Attorney
Date • ~ (' rj,c.,~ " ~ 2--
ADOPTED' ~/~~~~~
EFFECTIVE'
Page 21
City of Fort Worth, Texars
Mayor and Council Communication
11/17
SUBJECT AMI
G-9929
MENT TO CHAPTER 16, "HEALTH AND SANITATION CODE OF THE CITY OF FORT
lof3
RECOMMENDATIONS:
It is recommended that the City Council:
1. Amend Chapter 16, "Health and Sanitation Code of the City of Fort Worth",
by adding Article XVII, designation "Day Care Centers", and
2. Enact Article XVII, "Day Care Centers", and
3. Amend Article XIII, "Vector Control" by deleting Section 16-328, and
4. Amend Article XIV, "Permits for Certain Businesses, Occupations and
Vocations", by deletion of the term and definition "Child Care
Facilities", and
5. Implement recommendation of the Internal Auditor that no fee be waived.
DISCUSSION:
This Article addresses the need to: 1) supplement State statutes and regulations
governing day care centers by providing standards for the operation of day care
centers in the City of Fort Worth; and 2) update the City Code by deleting
references to programs that have been eliminated.
In preparing the proposed Day Care Ordinance, staff worked with representatives
from several of the larger day care operations. These standards will protect the
health. safety, and welfare of the employees and patrons of day care centers.
Also, by approving the attached ordinance, the activities in day care centers
which have been addressed by Health Department staff since 1985 will be formally
recognized and enumerated in the ordinance.
In summary, major aspects of this proposed ordinance require owners of day care
centers to comply with regulations in the following areas:
1. Health Department Certificates of Inspection
2. General Facility Design Standards
3. Interior Design - Activity Areas
4. Exterior Premises
5. Sanitation and Hygiene Standards for Day Care Centers
6. Food Service Requirements
7. Animal Care
Printed on regded paper
~~
City of Fort Worth, Texas
Mayor and Council C,ammunicat~ion
G-9929
SUBJECT ~ AMENDMENT TO CHAPTER 16, "HEALTH AND SANITATION CODE OF THE CITY OF FORT
8. Child Care Worker Certificate
9. Applicable Building Code Permits
10. Requirements for Change of Ownership of Business
11. Penalty for Violations
Currently, day care centers with 12 or more patrons are licensed by the Texas
Department of Protective and Regulatory Services and are inspected and permitted
by the Health Department. The day care operators are not the only providers of
child care services. There are smaller providers such as family homes and group
day homes. These smaller providers are under the surveillance of the Texas
Department of Protective and Regulatory Services. The ordinance does not address
these smaller operators in that their type of operation minimizes the risk to the
health and safety of the six or less children that are being cared for.
The focus of the Texas Department of Protective and Regulatory Services on day
care operations differs from the Public Health Department inspection activities
in that their inspection focuses on management issues and general health and
safety issues. The City inspection of day care centers focuses on compliance
with all City Codes and reduction of risk on specific health and safety issues.
Additionally, Texas Department of Human Services minimum standards require that:
"4200 (§ 81..416) Sanitation
"The center must have an annual inspection with a written report by
a local or state sanitation official. The center must make any
corrections and must comply with any restrictions stated in the
report."
The inspection by Health Department staff enables the day care centers to comply
with the above stated requirement.
Historically, Head Start programs have been exempt from permit fees. The
recommendation of the Internal Auditor is to no longer waive fees on programs
such as Head Start. For this reason, we are recommending that all day care
programs, including the Head Start Program, the New Lives School Nursery, and the
Polytechnic High School Program, be charged a permit fee.
No additional personnel or revenue will be added with the adoption of the day
care center ordinance. The ordinance will formally recogni2e on-going activities
that are currently addressed by Health Department staff in day care centers.
Printed on recyded paper
..
City of Fort Worth, Texas
Mayor and Couyu~il C;crrmnunication
DATE 11/17/92 R F REN NU BER G-9929 L NA E 50CHAP16 PA E 3 of 3
SUBJECT AMENDMENT TO CHAPTER 16
"HEALTH AND SANITATION CODE OF THE CITY OF FORT
.
WORTH"
The fee schedule for permits and child care certificates will remain unchanged.
Those fees are listed below.
'1. Cost of Permit: $125.00 plus $2.50 per employee
2. Child Care Certificate for Employee: $8.00
Issued on completion of required day care class.
FISCAL INFORMATION/CERTIFICATION:
The Health Department is responsible for collection of funds due the City under
these changes to "Health and Sanitation Code of the City of Fort Worth".
LW:w
u tt or ty Manager s FUND A C UNT CENTER UNT , ITY SE RETARY
Office by: to
APPROVED
Libby Watson 61x0 CITY COUNCIL
Or g nat ng Depart~ent Hea
NDV 24 X92
Dr. Nick Curry 7201 rom S dopted Ordinance No. ~
~~
For A t ona In or•at on Ciq t3ec:~tar~ of t.~w
Contact : CitF of Fort worth, ?ezes
Or. Nick Curry 7201
Printed on recycled paper