Loading...
(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)
(a) To obtain a license to operate a boarding home facility, a person must submit an application to the director on a form provided for that purpose. The applicant must be the owner or operator of the boarding home facility. If the owner or operator is not an individual, an authorized officer or agent of the owner or operator must file the form. The application must contain the following information and be accompanied by the fee, if any, required under Section 8A-8 of this chapter before it is considered to be complete:
(1) The name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and date of birth of the applicant. The street address may not be the address of the boarding home facility unless the applicant actually resides full-time at the boarding home facility.
(2) The name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and position of the authorized officer or agent filing the form on behalf of the applicant, if the applicant is not an individual. The street address may not be the address of the boarding home facility unless the authorized officer or agent actually resides full-time at the boarding home facility.
(3) The form of business of the applicant; the name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and date of birth of a high managerial agent of the business; and, if the business is a legal entity, such as a corporation or association, a copy of the documents establishing the business.
(4) The street address and telephone number of the boarding home facility.
(5) The name, street address, mailing address, e-mail address, and telephone number of a person or persons to contact in an emergency as required by Section 8A-17 of this chapter.
(6) Documentary evidence of payment of ad valorem taxes, fees, fines, and penalties owed to the city in connection with the boarding home facility or documentary evidence that the applicant is current on a payment plan for any back ad valorem taxes, fees, fines, and penalties owed to the city in connection with the boarding home facility.
(7) The names, street addresses, mailing addresses, e-mail addresses, telephone numbers, legible copies of the drivers' licenses or other official state or federal identification cards, and dates of birth of any owners, operators, employees, and volunteers of the boarding home facility other than the applicant. The street address may not be the address of the boarding home facility, unless the owner, operator, or employee actually resides full-time at the boarding home facility.
(8) If the owner or operator of the boarding home facility is not also the owner of the property on which the boarding home facility is located, a letter signed by the owner of the property stating that the applicant has permission to operate a boarding home facility on the property and acknowledging the requirements for the property to be used as a boarding home facility as set forth in this chapter. If the owner of the property is an entity, the letter must be on official letterhead and signed by an officer of the entity or other person with the authority to make binding representations on the entity's behalf regarding the use of the property.
(9) Criminal history reports for each owner, operator, employee, and volunteer of the boarding home facility showing that they are not disqualified to own, operate, or work at a boarding home facility under Section 8A-37 of this chapter. Such reports must include a current official Texas criminal history report (issued within the preceding 12 months) for each owner, operator, employee, and volunteer of the boarding home facility as well as an official criminal history report issued within the preceding 12 months from all other states in which an owner, operator, employee, or volunteer has resided within the past 10 years.
(10) The maximum number of residents that will reside at the boarding home facility.
(11) The services to be offered or provided to the residents of the boarding home facility.
(12) Proof that the proposed use of the property complies with the Dallas Development Code.
(13) If the boarding home facility has one or more residents with a disability, a list of the categories of disabilities of the residents (vision impairment, hearing impairment, mobility impairment, dementia, and other).
(14) A sworn certification from the applicant, owner, or operator that the boarding home facility does not have, and will not have, any residents with an addiction to alcohol or a controlled substance, or alternatively, a document that describes the applicant's, owner's, or operator's plan for ensuring that the residents who are addicted to alcohol or a controlled substance, or who are recovering from such an addiction, refrain from using alcohol or the controlled substance, including all rules by which residents must abide, as required by Section 8A-34 of this chapter.
(15) A statement that, by filing the application, the applicant swears or affirms under penalty of perjury that, to the best of the applicant's knowledge, all information contained in the application is true and correct and that the application is complete and includes all information required to be disclosed under this section.
(16) A survey showing the location and distances of the boarding home facility from other boarding home facilities and group dwelling facilities located within 2,000 feet. For purposes of this paragraph, group dwelling facility includes a group residential facility and handicapped group dwelling unit, as those terms are defined in Section 51A-4.209 of the Dallas City Code. For purposes of this paragraph, the distance between uses is measured in a straight line, without regard to intervening structures or objects, between the nearest boundaries of the building sites on which the uses are located. (Note: The spacing component of these regulations is based, not on the handicapped status of the residents, but on the non-family status of the groups.)
(17) Such additional information as the applicant desires to include or that the director deems necessary to aid in the determination of whether the requested license should be granted.
(b) If the applicant failed to provide all of the information required by Subsection (a) or to pay the fee required by Section 8A-8 of this chapter, the director shall give the applicant notice in writing by certified mail, return receipt requested, of the application's deficiencies.
(c) The application will automatically expire if either the fee or the information requested in Subsection (b) is not provided to the director within 30 days of the date written notice was sent to applicant by the director.
The licensee shall notify the director within 10 days after any material change in the information contained in the application for a license to operate a boarding home facility, including any change in ownership or operation of the property, any new criminal convictions or charges brought against a boarding home facility's owners, operators, employees, or volunteers and any new categories of disabilities served by the boarding home facility. (Ord. Nos. 28706; 29753)
(a) Approval. Upon the submission of a complete application, the director shall issue a license to operate a boarding home facility to the applicant if the director determines:
(1) the applicant has complied with all requirements for issuance of the license;
(2) the applicant, owners, operators, employees, and volunteers of the boarding home facility meet the criminal history qualifications of Section 8A-37 of this chapter;
(3) the applicant, owners, operators, or employees of the boarding home facility do not own or operate another licensed boarding home facility in the city for which the license is currently suspended or has been revoked within the past 12 months;
(4) the applicant has not made a false statement as to a material matter in the application for a license;
(5) the condition and use of the boarding home facility comply with the zoning regulations in the Dallas Development Code, the minimum housing standards in Chapter 27, and the standards in this chapter applicable to the property;
(6) the applicant, owners, and operators are not delinquent in any ad valorem taxes, fees, fines, or penalties owed to the city in relation to the property where the boarding home facility is located or have established and are current on a payment plan for any delinquent ad valorem taxes, fees, fines, or penalties owed; and
(7) the applicant, owners, and operators of the boarding home facility have not had a license for that boarding home facility revoked within the past 12 months.
(b) Denial. The director shall deny the license if:
(1) the director determines that the requirements of Subsection (a) have not been met; or
(2) the boarding home facility is located within 2,000 feet of another boarding home facility or group dwelling facility.
(A) This paragraph does not apply to a boarding home facility licensed before February 22, 2023 and that continuously maintains a boarding home license.
(B) For purposes of this paragraph, group dwelling facility includes a group residential facility and handicapped group dwelling unit, as those terms are defined in Section 51A-4.209 of the Dallas City Code. For purposes of this paragraph, the distance between uses is measured in a straight line, without regard to intervening structures or objects, between the nearest boundaries of the building sites on which the uses are located. (Note: The spacing component of these regulations is based, not on the handicapped status of the residents, but on the non-family status of the groups.)
(c) Notification. If the director determines that an applicant should be denied a license, the director shall notify the applicant in writing by certified mail, return receipt requested, that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right to appeal. (Ord. Nos. 28706; 29753
; 32397
)
(a) The director may suspend a boarding home facility license for a period not to exceed 90 days if the director finds that:
(1) the licensee or employee of the boarding home facility failed to comply with any provision of this chapter, any other ordinance, or any state or federal law applicable to the operation of a boarding home facility;
(2) the licensee or employee of the boarding home facility intentionally or knowingly impeded or refused to allow an inspection by the director authorized under this chapter; or
(3) the possession, use, or sale of a controlled substance occurs at a boarding home facility.
(b) A boarding home facility for which the license has been suspended must provide a list of current residents to the director on the first day of the suspension and may not admit new residents during the time the license is suspended.
(c) The director, at his sole discretion, may enter into a good neighbor agreement with a licensee if the director determines that the good neighbor agreement would eliminate the noncompliance that would otherwise justify a suspension, result in prompt future inspections, and elevate one or more conditions at the boarding home facility to a standard above the requirements of this chapter.
(d) The director shall send to the licensee by certified mail, return receipt requested, a written statement of the reasons for the suspension, the date the suspension is to begin, the duration of the suspension, and the licensee’s right to appeal.
(e) A licensee whose license is suspended may not be granted a license to operate additional boarding home facilities during the period of suspension.
(f) A licensee commits an offense if he operates or owns a boarding home facility that admits new residents during the time that the suspension of the license is in effect. (Ord. Nos. 28706; 29753)
(a) Except as provided in Subsection (b), the director shall revoke any license issued to operate a boarding home facility if the director determines that:
(1) the licensee fails to meet the criminal history qualifications of Section 8A-37 of this chapter or allows an employee or volunteer to work at the facility who fails to meet the criminal history qualifications;
(2) the licensee intentionally made a false statement as to a material matter in the application or in a hearing concerning the license;
(3) the licensee failed to pay a fee required by this chapter at the time it was due; or
(4) a cause for suspension under Section 8A-10 has occurred and the license has already been suspended at least once within the preceding 12 months.
(b) The director, at his sole discretion, may enter into a good neighbor agreement with a licensee if the director determines that the good neighbor agreement would eliminate the noncompliance that would otherwise justify a revocation, result in prompt future inspections, and elevate one or more conditions at the boarding home facility to a standard above the requirements of this chapter.
(c) Before revoking a license under Subsection (a), the director shall notify the licensee in writing by certified mail, return receipt requested, that the license is being considered for revocation. The notice must include the reason for the proposed revocation, action the licensee must take, if any, to prevent the revocation, and a statement that the licensee has 10 days to comply with the notice.
(d) If, after 10 days from the date of the notice required in Subsection (c) was sent or delivered, the licensee has not complied with required actions listed in the notice, the director shall revoke the license and notify the licensee in writing of the revocation by certified mail, return receipt requested. The notice must include the reason for the revocation, and a statement informing the licensee of the right of appeal.
(e) If a boarding home facility license has been revoked, the licensee may not apply for a new license for 12 months from the date of revocation.
(f) If a boarding home facility license has been revoked, the licensee has 10 days to relocate residents of the facility and cease operations.
Loading...