(a) This chapter does not apply to the following:
(1) Home and community support services licensed under Chapter 142 of the Texas Health and Safety Code, as amended.
(2) Convalescent and nursing homes and related institutions licensed under Chapter 242 of the Texas Health and Safety Code, as amended.
(3) Continuing care facilities licensed under Chapter 246 of the Texas Health and Safety Code, as amended.
(4) Assisted living facilities licensed under Chapter 247 of the Texas Health and Safety Code, as amended.
(5) Intermediate care facilities for the mentally retarded licensed under Chapter 252 of the Texas Health and Safety Code, as amended.
(6) A person that provides home health, hospice, or personal assistance services only to persons enrolled in a program funded wholly or partly by a state agency with jurisdiction over mental health and mental disability and monitored by that state agency or its designated local authority in accordance with standards set by that agency.
(7) An establishment conducted by or for persons who have a sincere religious belief in providing facilities to care and treat the sick by depending exclusively on prayer or spiritual means for healing, without the use of any drug or material remedy, if the establishment complies with safety, sanitary, and quarantine laws and rules including Sections 8A-22, 8A-23, 8A-24, 8A-27(h), 8A-29, 8A-30, 8A-31, 8A-32, 8A-33, and 8A-34 of this chapter.
(8) A hotel as defined by Section 156.001 of the Texas Tax Code, as amended.
(9) A retirement community as defined by Section 11.18 of the Texas Tax Code, as amended.
(10) A monastery or convent as defined by Section 51A-4.204 of the Dallas Development Code, as amended.
(11) A child-care facility as defined by Section 42.002 of the Texas Human Resources Code, as amended.
(12) A family violence shelter center as defined by Section 51.002 of the Texas Human Resources Code, as amended.
(13) A college dormitory, fraternity, or sorority house as defined by Section 51A-4.209 of the Dallas Development Code, as amended.
(14) A facility listed in this section with a pending application for a state license falling within one of the above-listed exemption categories.
(b) The director may inspect an establishment described in Subsection (a)(7) for the purpose of ascertaining whether any violations of any safety, sanitary, and quarantine laws and rules, including Sections 8A-22, 8A-23, 8A-24, 8A-27(h), 8A-29, 8A-30, 8A-31, 8A-32, 8A-33, and 8A-34 of this chapter exist. If the director identifies any violation or if the owner, occupant, or person in control of the establishment denies permission to search any part of the interior or exterior of the structure or the surrounding premises, the establishment is not exempt from the application of Sections 8A-4(a), 8A-40, or any other provisions of this chapter. (Ord. Nos. 28706; 29753)