HomeMy WebLinkAboutOrdinance 27524-03-2025ORDINANCE NO.27524-03-2025
AN ORDINANCE AMENDING CHAPTER 16 "HEALTH AND
SANITATION", ARTICLE XVII "DAY CARE CENTERS", OF THE CODE OF THE
CITY OF FORT WORTH, TEXAS (2015). AS AMENDED, TO RENAME THE
ARTICLE XVII FROM "DAY CARE CENTERS" TO "CHILD-CARE CENTERS";
REPLACING THE TERM "DAY CARE" WITH "CHILD CARE"; REPLACING
"DEPARTMENT OF PUBLIC HEALTH" WITH "ENVIORNMENTAL SERVICES
DEPARTMENT"; REPLACING THE TERM "CERTIFICATE OF INSPECTION"
WITH "CHILD-CARE PERMIT"; AMENDING THE DEFINITION SECTION BY
ADDING AND REMOVING CERTAIN TERMS; REPLACING DEPARTMENT OF
PUBLIC HEALTH WITH THE ENVIORNMENTAL SERVICES DEPARTMENT
AS THE REGULATORY AUTHORITY; ADOPTING THE STATE MINIMUM
STANDARDS FOR CHILD-CARE CENTERS; AMENDING CERTAIN SECTIONS
FOR THE PURPOSE OF RENANIING AND REORGANIZING SUCH SECTIONS;
AMENDING THE CITY OF FORT WORTH MINIMUM STANDARDS FOR
CHILD-CARE CENTERS; AMENDING THE CITY OF FORT WORTH GENERAL
DESIGN STANDARDS FOR CHILD-CARE CENTERS; AMENDING THE CITY OF
FORT WORTH INTERIOR DESIGN FOR ACTIVITIES STANDARDS FOR
CHILD-CARE CENTERS; AMENDING THE CITY OF FORT WORTH
EXTERIOR PREMISES STANDARDS FOR CHILD CARE CENTERS;
AMENDING THE GENERAL DESIGN STANDARDS FOR CHILD CARE
CENTERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL PRIOR ORDINANCES AND REPEAL CONFLICTING ORDINANCES;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth ("City Council") adopted Article
XVII, "Day Care Centers" of Chapter 16 of the Code of City of Fort Worth in 1992 to supplement
state statutes and regulations governing day care centers; and
WHEREAS, the Department of Public Health is no longer the regulatory authority for day
care centers in the City of Fort Worth; and
WHEREAS, it is necessary to amend Article XVII, "Day Care Centers" of Chapter 16 of
the Code of City of Fort Worth to establish that the Environmental Services Department is the
regulatory authority in the City of Fort Worth for day care standards; and
WHEREAS, the Department of Environmental Services has reviewed and identified
certain city regulations, definitions, and standards concerning day care centers that are outdated
and are no longer applicable when compared to today's standards regulating child-care centers;
and
WHEREAS, the Department of Environmental Services has also reviewed and identified
ORDINANCE NO.27524-03-2025
Page 1 of21
certain city regulations that are in conflict with state minimum standards regulating child-care; and
WHEREAS, the Department of Environmental Services wishes to amend Article XVII,
"Day Care Centers" of Chapter 16 to rename it "Child -Care Centers", to adopt the Texas state
minimum standards regulating child-care centers, to add and remove definitions, to rename and
reorganize certain sections, and to update the City's standards and regulations governing child-
care centers; and
WHEREAS, the Department of Environmental Services recommends the City Council
adopt this ordinance which will provide necessary updates to the standards for operation of child-
care centers in the City of Fort Worth and continue to protect the health, safety, and welfare of the
occupants and patrons of child-care centers; and
WHEREAS, the City Council agrees with the Department's recommendation and finds
this ordinance to be reasonable and necessary to provide for the health, safety, and welfare of
residents of the City of Fort Worth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers" of the Code of the
City of Fort Worth, Texas (2015), as amended, is amended by renaming Article XVII "Day Care
Centers" and replacing it with "Child -Care Centers"
SECTION 2.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers" of the Code of the
City of Fort Worth, Texas (2015), as amended, is amended by replacing all references to "day care
center(s)" with "child-care center(s)".
SECTION 3.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers" of the Code of the
City of Fort Worth, Texas (2015), as amended, is amended by removing all references to
"certificate of inspection" and "health department certificate of inspection", and replacing it with
"Child -Care Establishment Permit".
SECTION 4.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers" of the Code of the
City of Fort Worth, Texas (2015), as amended, is amended by replacing all references to
"department of public health" with "environmental services department".
SECTION 5.
ORDINANCE NO.27524-03-2025
Page 2 of21
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-421
"Definitions", of the Code of the City of Fort Worth, Texas (2015), as amended, is amended by
adding the following terms: "Child -Care Establishment Permit", "Child -Care Center", "Easily
Cleanable"; and deleting the following terms: "Health Department Certificate of Inspection",
"Isolation Area".
Sec. 16-421 DEFINITIONS
CHILD-CARE CENTER. 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 child-care
center, for less than 24 hours a day.
A f f lky that pfey Mar e o f ..m eFe tl...n ! 2 ehiid. e..y.sd.,.. 14 years 0
age> ted ehildren of the owner- or ,
f r less than 74 hours .. day.
CHILD-CARE ESTABLISHMENT PERMIT. A certificate issued by the City of Fort Worth
Department of Environmental Services upon application and inspection of a child-care center at
the time the facility complies with applicable cijy ordinances
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 methods.
Ul! Ai -nary H DEA4R7zriEr� GART LIG4TG' OF AWP-B A .,ei4ifie to issued by he
City ef FeFt Werffi department efpublie health upon applieatien and insperfien efa day ear-e eenteF
at the time the f flit. eemplies with p .,bl :t. .-di
SECTION 6.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-424
"Minimum Requirements" and Section 16-425 "Conditions of a Certificate of Inspection", of the
Code of the City of Fort Worth, Texas (2015), as amended, is amended by renaming Section 16-
424 to "Child -Care Establishment Permit and Renewal", renaming Section 16-425 to "Conditions
of a Child -Care Establishment Permit", replacing "certificate" with "Child -Care Establishment
Permit", replacing "health department" with Environmental Services Department, and shall appear
as follows:
Sec. 16-424 CHILD-CARE
ESTABLISHMENT PERNIIT DURATION AND RENEWAL
(a) A health depat4ment Child -Care Establishment Permit fora child-
care center shall be valid for one year from the date of issuance, unless the ee,.tfae to „ffnspeetion
ORDINANCE NO.27524-03-2025
Page 3 of 21
Child -Care Establishment Permit is suspended or revoked for cause as provided in this article. The
possession of a eettifleate ef inspeetien Child -Care Establishment Permit shall not exempt the day
care Genivr- child-care center from re -inspection or citation for violations occurring during the
period of time between inspections. A eeFtifieate ef inspeetiefl. Child -Care Establishment Permit
shall not be transferable, and any change in use, occupancy, ownership or operation shall require
a new health depat4ffieat eei4ifieate ef inspeet Child -Care Establishment Permit.
(b) Application for renewal of a health aopa ft ffient ^eAifie to e f insperatien Child -Care
Establishment Permit 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 eeente Child -Care Establishment Permit. The renewal procedure
shall require that the owner of the day eare een child-care center to confirm the accuracy of the
records of the health departmen Environmental Services department. Any incorrect information
or changes to the information in the records of the department for the child-care
center shall be corrected or made by the owner before the eerti Bate e f inspeetie Child -Care
Establishment Permit will be renewed.
See. 16-425 CONDITIONS OF A CERTI ICA TE OF INSPECTION CHILD-CARE
ESTABLISIIMENT PERMIT.
(a) The issuance or granting of a ee4ifleate ef inspeetion Child -Care Establishment Permit 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 eei4ifieate Child -Care Establishment Permit 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.
(b) Acceptance of a ^eftifi^^+e of inspeetien f r- ^ `ay ^ me Child -Care Establishment
Permit 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 eeFti€eate Child -Care
Establishment Permit is a privilege, not a right, subject to reasonable restrictions as set out herein
or as may be promulgated by the regulatory authority.
(c) As an express condition of the acceptance of a certificate hereunder, the owner agrees to
comply with any and all reasonable requests, orders or demands of the regulatory authority.
SECTION 7.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-428
"Minimum Requirements", of the Code of the City of Fort Worth, Texas (2015), as amended, is
amended by adding and adopting specific state standards and to be appear as follows:
Sec.16-428 MINIMUM REQUIREMENTS.
ORDINANCE NO. 27524-03 2025
Page 4 of 21
a. General f�eility design-,L
;
(a) State Standards Adopted and Applied
1 The standards of the Texas Administrative Code Title 26 Part 1 Cha ter 746
"Minimum Standards for Child -Care Centers", in their current form and as they may hereafter be
amended are adopted into this article as if they were set forth at length herein.
(2) Each child-care center for which an application for a Child -Care Establishment Permit
is submitted shall be required to meet the Minimum Standards for Child -Care Centers as well as
the standards set forth in this article in the following areas:
a. General facility design;
b. Interior desim for activi areas-,
c. Outdoor play areas and playground equipment;
d. Sanitation and hygiene for personnel;
e. Food service requirements; and
f. Animal care.
(3) In the event of conflict between the criteria set forth in this article and the standards
of the Texas Administrative Code Titled 26 art 1 Chapter 746 "Minimum Standards for Child -
Care Centers," the more restrictive requirement shall be control.
SECTION S.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-429
"General Facility Design Standards", of the Code of the City of Fort Worth, Texas (2015), as
amended, is amended by adding certain standards related to designated bathrooms, removing
certain standards, remove "Texas Department of Health" and replace with "Texas Commission
ORDINANCE NO. 27524-03 2025
Page 5 of 21
on Environmental Quality", and shall appear as follows:
Sec.16-424 GENERAL FACILITY DESIGN 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.
(3) All eleet..:e.,l e„tlets .,.1 ieh am _may be accessible te er by eh l.l..e., t
"ui15erha�Illa
five eld L e11 be «..eteeted by ehil.d p ofeever-s or -safety e„tlets All 220ye1t eleet...eal
yeaf-q. I�LZ�r V Li1V'Cil
eenne6fiens w-hieh afe er- may be -ner-m-e-s-Sib-le-te er- by children yetinger than five year-s eld shall be
(4)M 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. The department shall cause water
from such water taps and water coolers to be collected and sampled:
a. Prior to issuance of an original ee,t:r:eete of ;nspeet:e„ Child -Care Establishment
Permit by the department;
b. Upon repair or replacement of water supply lines or fixtures or the extension of such
lines in the facility; or
c. As needed in the determination of the department.
(b) 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 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
prohibited in restrooms and kitchens.
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(c) 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.
_ _ esrrsr_esrse��
,e. T.' t1, pti... eyes of this_ eetie.-. F
fi 'l't' vvvt to Reensing by the Texas
e the number- ef ehildren
is the fnamimufn number- of rehildreff that
may attend the fheil ity aceer-ding te the state license,
regardless ef the aratual number- e f ehildren
Fit e litt
2 There shall be separately desiggated restrooms for all gender unless:
a. the restroom only -has a single toilet located within; or
b. a restroom with multiple toilets is supervised to ensure only one gender occupies the
restroom at a time.
(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°h. Self -closing or metering
faucets shall provide a flow of water for at least 15 seconds without having to be reactivated. Soap
and a hand -drying device or disposable towels shall be provided for use by both staff and children.
(S4D Restroom facilities shall be cleaned and sanitized at least once daily and more often
if necessary. Carpet use is prohibited in restrooms. Restrooms shall be mechanically ventilated to
control odors. Installation and maintenance of mechanical vents shall be in accordance with the
city mechanical code.
(6.�) All toilets shall be equipped with open front toilet seats in accordance with the city
plumbing code.
(70 Each sink shall be designated as a "single -purpose use" sink. Combination fixtures,
such as faucet/water fountains, are prohibited. Each day care aeR child-care center shall have
ORDINANCE NO.27524-03-2025
Page 7 of 21
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 Ieast one diaper changing station.
c. If the facility engages in food preparation, there must be a three -compartment sink
in the food preparation area.
(91) The source of potable water shall be from a public water supply or a private water
system which has been approved by the department or the Texas
Commission on Environmental Quality , maintained and operated according te Texas
ef<hea-lth. Texas Commission on Environmental Quali 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 depaFtment of health Texas Commission on
Environmental Quality water standards is on file with the city secretary.
(98) All sewage shall be discharged into a public sanitary sewer system or into a private
sewage disposal system approved by the Texas Commission on
Environmental Quality.
(Wq) All refuse shall be kept in containers constructed and maintained of durable material
with tight fitting lids or covers, and shall be nonabsorbent 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.
(4-�O 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.
(422I I) Toxic substances, both indoors and out, shall be inaccessible to children at all
times. All containers holding toxic substances shall be clearly labeled to identify the toxic
substance contents.
(49L2) 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.
(� 3) 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.
(1414) Inalldayeafeeent child-care centers, all light fixtures shall either be properly
shielded or shall contain only shatterproof light bulbs. At least 50 foot candles of light shall be
provided in all areas of any room to which children have access.
ORDINANCE NO.27524-03-2025
Page 8 of 21
SECTION 9.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-430
"Interior Design, Activity Areas", of the Code of the City of Fort Worth, Texas (2015), as
amended, is amended by removing certain general requirements, removing requirements for
diapering and toileting, renumbering certain paragraphs, and shall appear as follows:
Sec.16-430 INTERIOR DESIGN, ACTIVITY AREAS.
(a) General requirements.
(1) All equipfhent,
f�fnishings
be eanstruetien,
easy
materials and
shall efstur-dy and safe
to elean, fFee of
shafp paints or- eemer-s, spli
I ' ' ling nails, leese fflsty
pafts and paint
(24M Each child shall be provided with individual storage space for personal belongings.
(3)fQ 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 foot of open space on all sides of the apparatus except where
such apparatus is adjacent to a wall or partition.
(eW Diapering and toileting.
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Page 9 of 2I
(-2)(1) 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.
Y.
(d)(c 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 leftover 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.
SECTION 10.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-431
"Exterior Premises", of the Code of the City of Fort Worth, Texas (2015), as amended, is amended
by removing certain requirements for exterior premises, renumbering certain paragraphs, and shall
appear as follows:
Sec. 16-431 EXTERIOR PRENUSES
(a) Exterior- 13femises shall be well drained and maintained fifee ef high grass, peisefieus planta
and pest har-berages and breeding &ites-.
ORDINANCE NO.27524-03-2025
Page 10 of 21
(d)(c 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 leftover 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.
SECTION 10.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-431
"Exterior Premises", of the Code of the City of Fort Worth, Texas (2015), as amended, is amended
by removing certain requirements for exterior premises, renumbering certain paragraphs, and shall
appear as follows:
Sec. 16-431 EXTERIOR PRENUSES
(a) Exterior- 13femises shall be well drained and maintained fifee ef high grass, peisefieus planta
and pest har-berages and breeding &ites-.
ORDINANCE NO.27524-03-2025
Page 10 of 21
wells,
gfease tffips, utility equipment, nuisances and
an), Othff Objeet 8F eanditien whieh may be
IN
A.
ELM Q.
All be
(e) playgr-eund equipfneRt shail secursly assembled and, where applicable,
seeur-oly
aneh,er-ed with unexpesed aneher-s. Suoh equipment shall be installed, situated
as to pFeye.,F n nidents and collisi.,no_
and maiRtained se
y
�
(a) General Requirements
(1) Exterior premises shall be well -drained and maintained free of high grass poisonous
plants and nest 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.
(3) Swimming pools shall be constructed_, maintained, and -comply with the requirements
set for under the City's Code of Ordinances, the State of Texas Regulations for Swimming Pools,
and Texas Department of State Health and Service's Standards for Public Swimming Pool and
Spa.
ORDINANCE NO.27524-03-2025
Page 11 of21
(4) All pool chemicals and equipment shall be stored in a place and manner which are at
all times inaccessible to children.
SECTION 11.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-432
"Sanitation and Hygiene Standards for Day Care Center Personnel", of the Code of the City of
Fort Worth, Texas (2015), as amended, is amended by renaming the section "Sanitation and
Hygiene Standards for Child -Care Center Personnel", reorganizing the paragraphs, and shall
appear as follows:
See. 16-432 SANITATION AND HYGIENE STANDARDS FOR DAY CARE C Nm�n
CHILD-CARE CENTER PERSONNEL
(a) General Requirements
(a)LU No owner, employee or volunteer who has a communicable disease, as defined by
the Communicable Disease Prevention and Control Act, or who is i6 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.
(-b)f, Owners, employees and volunteers shall wear clean clothing and maintain a state
of personal cleanliness while at the facility.
(4Q 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.
SECTION 12.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section I6-433
"Food Service Requirements", of the Code of the City of Fort Worth, Texas (2015), as amended,
is amended by reorganizing the paragraphs, replacing certain terms, setting a date for replacement
of residential type equipment that is used for preparation of food, and shall appear as follows:
See.16-433 FOOD SERVICE REQUIREMENTS
(a) General requirements.
ORDINANCE NO.27524-03-2025
Page 12 of 21
(a4(1) All day earn-remern child-care centers in which food is prepared for human
consumption shall comply with the pertinent food service regulations set forth in Chapter 16
"Health and Sanitation", Article IV "Food Establishments" of the city code and the Texas Food
Establishment Rules. While child-care centers in which food is prepared on site
must comply with all applicable food service regulations, such day ear@ centers child-care centers
need not obtain food service establishment permits, nor temporary food service establishment
permits. Further, employees of such day rareeenters child-care centers need not obtain food
handler's certificates, nor must the day --eare—child-care manager obtain a food manager's
certificate.
(43�)Q Food service establishment permits or temporary food service establishment
permits shall not be required in day Bare -sew child-care centers which do not prepare food on
site, which have children bring their own Iunches, which serve only prepackaged single -service
snacks, or which prepare no food other than infant formula.
(OM All off -site food services used by a day ear-o eo.,+e, child-care center must be
permitted as a food service facility by the Environmental
Services de artment or the appropriate regulatory 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.
{d)(4-}f At all child-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.
Child-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 becomes necessary due to obsolescence or malfunction, but shall be replaced no
later than October 1, 2024. All replacement equipment must meet or exceed the standards
established by the NSF.
(d)(2-)fQ renters Child-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.
SECTION 13.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-434
"Animal Care", of the Code of the City of Fort Worth, Texas (2015), as amended, is amended by
reorganizing the paragraphs, replacing certain terms, and shall appear as follows:
ORDINANCE NO. 27524-03 2025
Page 13 of 21
See. 16-434 ANIMAL CARE
a General re uirements
(a)(!) Animals kept on or brought to child-care center premises shall be
in compliance with Chapter 6 of this Code, including that each animal over four months of age has
a registered microchip or license; and that each animal over six months of age is spayed, neutered
or subject to an intact pet permit; and each animal, to the extent required under the city code, shall
be vaccinated against rabies. Documentation of such vaccinations and microchipping or licensing
shall be kept on file at the facility.
(b)Q The day Bare -con child-care center and premises shall be kept free of stray
animals.
(e)(3) Animals and their Iiving spaces at a day rare een child-care center shall be kept
clean.
(d)(4) Turtles and psittacine birds shall not be kept at or brought to child-
care center premises. No "prohibited animals," as that term is defined by Chapter 6 of the city
code, shall be kept at or brought to child-care center premises.
SECTION 14.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-434
"Child -Care Worker Certificate Required", of the Code of the City of Fort Worth, Texas (2015),
as amended, is amended and shall appear as follows":
See. 16-435 CHILD-CARE WORKER CERTIFICATE REQUIRED
(a) Every owner, employee and volunteer who cares for, controls or supervises children at a
day r-e-eenter child-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 or her job due to a lack of space in a class, the
worker may obtain a 30-day extension and work without a certificate for those 30 days.
(b) It shall be unlawful for any owner or operator to permit any person to care for, control or
supervise children at the day eare een child-care center without the person first obtaining and
holding a valid child-care worker certificate issued by the department or without obtaining a 30-
day extension.
ORDINANCE NO.27524-03-2025
Page 14 of 21
(c) Every applicant for a child-care worker certificate is required to do_ the following:
(1) 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 specified;
Shall,
,
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te
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"pheant begins work at a day eare eenter- er-
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'
(-3)fQ Shall attend an orientation training class provided by the department
Environmental Services department before a child-care worker certificate, either original or
renewal, will be issued to the person; and
($)M Shall pay the child-care worker certificate fee.
(d) A child-care worker certificate shall be valid for two years from the date of its issuance
unless revoked as provided hereunder. Application by a certificate holder for a new certificate shall
be made prior to impending expiration of the certificate in the manner described abeve-in
4M(e). under this section.
(e) 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 depaAme Texas
Department of State Health Services. A proposed request for revocation- of a certificate shall be
made to the '
Environmental Services director by the Environmental Services Superintendent after investigation
and an opportunity for a hearing with the certificate holder.
(f) A nonrefundable fee for a child-care worker certificate shall be paid to the department by
an applicant in an amount established by city council.
(g) A copy of the current child-care worker certificate shall be maintained at the day ear-0
eeeteF child-care center for each of its owners, employees and volunteers who cares for, controls
or supervises children at the facility, and for whom a certificate is required by this section.
Certificate records shall be available for review upon the request of the director or his or her
designee.
(h) 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.
SECTION 15.
ORDINANCE NO.27524-03-2025
Page 15 of21
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-437
"Requirements For Change of Ownership of Business", of the Code of the City of Fort Worth,
Texas (2015), as amended, to replace certain terms, require certain fees to be paid, and shall appear
as follows:
Sec.16-437 REQUIREMENTS FOR CHANGE OF OWNERSHIP OF BUSINESS
(a) For purposes of this section, CHANGE OF OWNERSHIP OF THE BUSINESS OF
ANY DAY CARE CENTER CHILD-CARE CENTER is defined as the sale, transfer or
exchange of any legal or equitable interest in the business of operating a day rare eentef child-care
center, to another person. It shall not be considered a "change of ownership of the business of any
day ^^re ^en'^- child-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.
(b) Whenever a change in the ownership of the business of any child-care center safe
eentex occurs, the existing rsei4ifieate ef inspeetien Child -Care Establishment Permit shall be
automatically revoked, and the new owner:
(1) 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;
(2) Shall pay the applicable floor plan review fee as set by City Council; and
(3) Shall obtain a new eeffifleate of inspection Child -Care Establishment Permit and pay
any applicable fees set by city council.
(c) The requirements of under § -1 (6 this section are in addition to building permit or
any applicable inspections or reviews by any other city department.
(d) In the event of a change of ownership of the business of any day eare eente child-care
center, it shall be unlawful for a new owner to operate or cause to be operated a
child-care center without first complying with all the requirements provided under § 44-434�b)
this section.
(e) Whenever a change in the ownership of the business of any child-care
center occurs, the new owner of the business shall pay a nonrefundable fee for change of ownership
to the department in an amount established by city council.
SECTION 16.
ORDINANCE NO.27524-03-2025
Page 16 of21
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-438
"Applicability of Other City Permits and Certificates", of the Code of the City of Fort Worth,
Texas (2015), as amended, to replace certain terms, clarify when additional permits are needed,
and shall appear as follows:
See. 16-438 APPLICABILITY OF OTHER CITY PERMITS AND CERTIFICATES
It shall be unlawful for any person to operate or cause to be operated a day raFO e8n child-
care center in the City of Fort Worth without first obtaining a building code permit, certificate of
occupancy, Child -Care Establishment Permit or any other certificate or
permit which may be required by any applicable article or chapter of the city code of the City of
Fort 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 child-care center
without adhering to all rules for operation of such food service establishment, although said facility
An owner of
a day eare eeft child-care center shall also comply with all applicable city code requirements
before a permit is issued.
SECTION 17.
Chapter 16 "Health and Sanitation", Article XVII "Day Care Centers", Section 16-439
"Enforcement", of the Code of the City of Fort Worth, Texas (2015), as amended, to reorganize
paragraphs, to replace certain terms, eliminate certain enforcement requirements, and shall appear
as follows:
§ 16-439 ENFORCEMENT.
(a) Authoritx
(1) The director or designee shall have the authority and responsibility to enforce the
provisions of this article and applicable state statutes regarding child-care centers.
(a)M The director or designee shall have the authority to inspect or visit all dayeaFe
eenters child-care centers at all reasonable times and as he or she 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 daycare
eefiler child-care center.
ORDINANCE NO.27524-03-2025
Page 17 of21
(b)(44M The director or designee shall have the authority to give written notice to the
owner of a day eare een child-care center of any violation of this article and/or requirement to
comply with the provisions of this article.
(b){2}f4j If a child-care center is found to be in operation without a eert riea4e fins.,ee fi n
Child -Care Establishment Permit, the director or designee 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 or designee may permit the
child-care center to remain in operation with the condition that the facility obtain a eaFtificate e
ifispestien Child -Care Establishment Permit within a reasonable time, but said reasonable time
may not exceed 30 days.
(e)(5) The director shall have the authority after giving written notice to suspend the
Child -Care Establishment Permit if he or she ascertains any violation
causing immediate danger to a child regarding: construction of the facility and on -premises
buildings, restrooms, 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 of inspeation Child -Care Establishment Permit shall require the
operator to cease all child -caring immediately and to bring the child-care center
into compliance with the directives from the department within a prescribed time period. Failure
to rectify designated problems at the child-care center within the prescribed time
period shall lead to revocation of the emote Child -Care Establishment Permit.
!hat an evmer or operator- has failed or- refused ' I kh the minim Mts set forth
in this chapter- fer- a day care eeater-, pr-eviding that pr-eeedur-e
t is adhered
(b) Revocation
fpA(I) The director shall have the authority to revoke any Child -Care Establishment
Permit if it is determined that:
(4-)a. The eeffifleate Child -Care Establishment Permit is used or was used by a person
other than the person to whom the certificate was issued;
(2)b. The sate Child -Care Establishment Permit is used for a location other than
that for which it was issued;
(-3)c. Any of the conditions or limitations set forth in the emote Child -Care
Establishment Permit have been violated;
(4)d. There has been any false statement or misrepresentation as to a material fact in the
plans, specifications or documentation on which the eet4ifieate ChiId-Care Establishment Permit
was based; or
ORDINANCE NO.27524-03-2025
Page 18 of 21
e. owner or operator failed or refused to comply with the minimum requirements set
forth in this article for an child-care center.
2 To revoke a Child -Care Establishment Permit the director must adhere to the
following procedure:
}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�t child-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.
`a'. 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 child-care
center that the eerti€eate Child -Care Establishment Permit issued for the operation of the dame
eenteF child-care center is revoked. This action of revocation is in addition to any criminal
enforcement of this article.
(d)(3)c. The notice of revocation or a denial of a eei4ifieate Child -Care Establishment
Permit shall become final after the expiration of ten days from the date of service upon the owner
or operator of the day rare eenter child-care center in question, unless on or before the expiration
of ten calendar days the owner or his or her 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 15 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 days' notice
of the date, time and place of the hearing. The city manager or desi ng_ee 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 or designee shall make his or her
determination and shall notify the appellant of his or her determination. The decision of the city
manager or designee is final.
(#)(3) Any suspension or revocatiod of a Child -Care
Establishment Permit by the city shall be reported to the
Texas Department of Health_ and Human Services. The city shall also report a child-care center
operating without a valid eei4ifieate ef inspeetien Child -Care Establishment Permit to the Texas
Texas Department of Health and Human Services.
{gh4) Any person aggrieved by a finding, determination, notice or action taken under the
provision of codes or ordinances, other than the provisions provided under this section, shall follow
the appeal process designated in the applicable code or ordinance.
SECTION 18.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
ORDINANCE NO.27524-03-2025
Page 19 of 21
Fort Worth, Texas, (2015), 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 19.
It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs and sections 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 20.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of
the City, that have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final
disposition by the courts.
SECTION 21.
Any person, firm, or corporation who knowingly, intentionally, or recklessly 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 an amount not exceeding two thousand dollars ($2,000)
for each offense. Each day that a violation exists shall constitute a separate offense.
SECTION 22.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption,
penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the
City of Fort Worth, Texas, as authorized by Texas Local Government Code Section 52.013.
SECTION 23.
All other provisions of the Code of the City of Fort Worth, as amended, shall remain in full
force and effect, save and except as amended by this ordinance.
SECTION 24.
This ordinance shall take effect upon adoption and publication as required by law, and it is
so ordained.
ORDINANCE NO.27524-03-2025
Page 20 of21
APPROVED AS TO FORM AND
LEGALITY:
��
Christopher K. Austria
Senior Assistant City Attorney
ADOPTED: March 11, 2025
EFFECTIVE:AP
f
ORDINANCE NO.27524-03-2025
Page 21 of 21
ATTEST:
Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/11/25 M&C FILE NUMBER: M&C 25-0226
LOG NAME: 22DAY CARE CENTERS ORDINANCE REVISION
SUBJECT
(ALL) Adopt Ordinance Amending Article XVII "Day Care Centers" of Chapter 16 "Health and Sanitation" to Rename Article XVI[ to "Child -Care
Centers", Add and Remove Definitions, Assign the Environmental Service Department as the Regulatory Authority for Child -Care Centers, Update
the City's Standards and Regulations Governing Child -Care Centers, and Adopt the Texas Health and Human Services Minimum Standards for
Child -Care Centers
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Article XVII "Day Care Centers" of Chapter 16 "Health and
Sanitation" to rename Article XVII to "Child -Care Centers", add and remove definitions, assign the Environmental Services Department as the
regulatory authority, update the Cl y's standards and regulations governing child care centers, and adopt the Texas Health and Human Services
Minimum Standards for Child -Care Centers.
DISCUSSION:
The purpose of this Mayor and Council Communication is for the City Council to consider adopting the attached ordinance which amends Article
XVII "Day Care Centers" of Chapter 16 "Health and Sanitation" to rename Article XVII to "Child -Care Centers", add and remove definitions, assign
Environmental Services Department as the regulatory authority, update city standards and regulations governing child-care centers, and adopt the
state minimum standards for child-care centers.
On November 24,1992, the City Council approved Ordinance Number 11209 to supplement state statutes and regulations governing day care
centers.
As recently as August 2024, the Texas Department of Health and Human Services (TXHHS) Minimum Standards for Child -Care Centers was
revised. The existing Article XVII "Day Care Centers" does not meet the standards set by the current state statutes and regulations governing day
care centers, now referred to as child-care centers. Adoption of the revised Article XVII "Child -Care Centers' will align the ordinance with state
statutes and regulations and allow for seamless adoption of future revisions to meet the state minimum standards.
In adopting TXHHS Minimum Standards for Child -Care Centers by reference, the City is retaining higher regulatory standards implemented in
1992 which maintain 1) all child-care workers attend health, safety, and sanitation training every two years; 2) separate gender restrooms; 3)
commercial grade kitchen equipment at child-care centers that prepare food.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Managers Office . Valerie Washington 6199
Originating Business Unit Head: Cody Whittenburg 5455
Additional Information Contact: Wyndie Turpen 6982