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HomeMy WebLinkAboutOrdinance 2156 ORDINANCE N0. AN ORDINANCE PROVIDING FOR THE REGULATION AND OPERATION OF CONVALESCENT HMS IN THE CITY OF FORT WORTH, TEXAS; DEFINING TENS; EXCLUD- ING CERTAIN INSTITUTIONS FRCU THIS ORDINANCE; REQUIRING A PERMIT AND PROVIDING FOR THE FORK OF APPLICATION; PROVIDING FOR THE INSPECTION OF CONVAIESCENT HCUES; PROVIDING FOR THE IS- SUANCE OF PERMITS; SETTING OUT CERTAIN SPECIFI- CATIONS IN REGARD TO BUILDINGS IN WHICH CONVA IESCENT HCAES MAY BE MAINTAINED; PROVIDING FOR THE REVOCATION AND SUSPENSION OF PERMITS; PRO- VIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; AMID PROVIDING THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. The following definitions are hereby adopted and declared for the construction of this ordinance: (a) The word "person" shall include both singular and plural and shall mean and embrace any person, firm, association, lessee, partnership or corporation, its servants, agents and employees. (b) The term "convalescent home" shall mean an institu- tion or building in which accommodation is maintained, furnished or offered for any fee, gift, compensation, reward or in expects- tion thereof, for the care of the mentally or physically sick or injured, of drug addicts, of alcoholics, or of any aged, infirm or senile person requiring or receiving chronic or convalescent care, but shall not include: (1) U, S. Government hospitals or facilities; (2) Hospitals belonging to or maintained by the State of Texas; or (3) Free clinics, dispensaries, childrents boarding homes, maternity hospitals, or other hospitals as set out in Section 1, Article VIII of Ordinance No. 1271, SECTION II. No person shall hereafter operate or cause to be operated a conva- lesoent home within the corporate limits of the City of Fort Worth for the care of human beings without first obtaining a permit from the Director of Public Health and Welfare of the City of Fort Worth under the provisions of this ordinance. SECTION III, Application for a pe3mit to operate a convalescent home within the City of Fort Worth shall be made in writing to the Department of Public Health and Welfare in triplicate, and shall set forth the name and address of the applicant ; the trade name under which the applicant does or pro- poses to do business; the address of the proposed convalescent home; the number of beds to be used; the experience the applicant has had in operat- ing convalescent homes; the type of patients to be admitted; the maximum number of patients to be under care at any one time; if bedfast and/or de- tention patients are to be under care at said convalescent home, the maxi- mum total number of bedfast patients and detention patients to be under care at any one time; the total number of personnel, including a specifi- cation of the number of attendants; and any other information that may be required by the Director of Public Health and Welfare* Copies of the ap- plication shall be forwarded to the Department of Public Works and the Fire Department, and the report of their recommendation shall be made to the Director of Public Health and Welfare. The applicant shall also submit evidence satisfactory to the Director of Public Health and Welfare that the applicant is reputable* responsible, and of good moral character, and, in the event the applicant is an association or corporation, like evidence shall be submitted as to the members or stockholders thereof and the per- son -in eri+son -in charge* SECTION IV. If, after investigation, the Director of Public Health and Welfare finds that the staff} personnel, premises, equipment and appliances to be used in connection with the operation of the convalescent home conform to the sanitary laws of the State of Texas, the ordinances of the City of I Fort Worth and pertinent regulations promulgated by the Department of Public Works, or the Fire Department, or the Department of Public Health and Welfare of the City of Fort Worth, he shall issue the permit. SECTION V. Said permit shall specify the maximum number of patients to be under care at said convalescent home at any one time. In addition, said per— mit shall specify the maximum total number of bedfast patients and deten— tion patients to be under care at said convalescent home at any one time. Said. permit shall be displayed at all times in a prominent place in said convalescent home. Said permit shall not be transferable, and shall ex— pire one year after date of issue unless sooner revoked by the Director of the Department of Public Health and Welfare, as hereinafter provided* SECTION VI. Buildings of wood frame construction may be used as convalescent homes if said buildings are not more than two stories in height and if the in— side walls and ceilings are covered with incombustible material, such as plaster or gypsum board. In all convalescent homes at least two exits shall be required from each story. Bedfast or detention patients shall be kept on the ground floor-,An all convalescent homes. SECTION VII. Every convalescent home for which a permit has been issued shall be periodically inspected by a representative of the Department of Public Health and Welfare, and inspections may be made at any time an inspection shall be advisable in the opinion of the Director of the Department of Public Health and Welfare* SECTION VIII. In operating and/or maintaining any convalescent home within the corporate limits of the City of Fort Worth, the person operating and/or causing to be operated said convalescent home shall comply with all applicable laws of the State of Texas, ordinances of the City of Fort North, and pertinent regulations promulgated by the Department of Public Works, or the Fire Department, or the Department of Public Health and Welfare of the City of Fort Worth. SECTION IX, The Director of the Department of Public Health and Welfare is here- by authorized to revoke or suspend the permit issued hereunder on any of the following grounds; (a) Violation of any of the provisions of this ordinance; (b) Permitting, aiding or abetting the commission of an il- legal act in such institution; or (c) Conduct, practices or conditions detrimental or poten- tially detrimental to the welfare of patients• SECTION X. This ordinance shall be and is hereby declared to be cumulative of all other ordinances affecting the public peace, health and safety-of the citizens of Fort Worth, and shall not operate to repeal or affect any such ordinance or ordinances except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordinance, in which instance or instances said conflicting provision or provisions of other ordinances shall be and they are hereby repealed, SECTION XZ. Should any section, provision or part of this ordinance be declared unconstitutional and void by a court of competent jurisdiction, such de- cision shall in no way affect the validity of any of the remaining parts of this ordinance, unless the part held unconstitutional or void is in- separable from and indispensable to the operation of the remaining parts. The City Council hereby declares that it would have passed those parts of this ordinance which are valid and omitted any parts which may be un- constitutional if it had known that such parts were unconstitutional at the time of the passage of this ordinance* SECTION XII. Any person violating any of the provisions of this ordinance shall,, upon conviction thereof, be fined in a sum not to be less than Twenty- five Dollars 025.00) and not to exceed Two Hundred Dollars ($200.00), and each day+s violation thereof shall be and is hereby declared to be a distinct and separate offense and punishable as such. SECTION XIII. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as provided by law* B APPROVED AS TO FORK: City Attorney.