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The purpose of this article is to supplement state statutes and regulations governing day care centers by providing standards for 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.
(Ord. 11209, § 3, passed 11-24-1992)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
CHILD. A person under 18 years of age.
CITY. The City of Fort Worth.
CITY CODE. The code of the City of Fort Worth, as amended from time to time.
CITY MANAGER. The city manager of the City of Fort Worth, Texas or his or her duly authorized representative, such as an assistant city manager.
DAY 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 day care center, for less than 24 hours a day.
DEPARTMENT. The City of Fort Worth department of public health.
DIRECTOR. The director of the City of Fort Worth Public health department or his or her designee.
FOOD SERVICE. The preparation or serving of meals or snacks.
HANDWASHING LAVATORY. A basin with hot and cold running water for the washing of hands.
HEALTH DEPARTMENT CERTIFICATE OF INSPECTION. 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. A child younger than 18 months old.
ISOLATION AREA. An area or room apart from other facilities which shall be available for use by children who become sick or injured.
OWNER. 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. An individual or any other legal entity.
PREMISES. A tract of land with the buildings thereon, or a building or part of a building with its grounds or other appurtenances.
PRESCHOOLERS. Children between two and five years of age.
REFUSE. All wastes resulting from domestic, commercial or industrial operations incident to urban life, except sewage, but including garbage, brush and trash.
REGULATORY AUTHORITY. The City of Fort Worth public health department.
RESTROOM. A self-contained enclosure with a door on it, containing at least one lavatory and one commode.
SEWAGE. 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. 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 lavatories 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. Any child between 18 and 23 months of age.
(Ord. 11209, § 3, passed 11-24-1992)
(a) A day care center shall be inspected by the director or his or her representative prior to issuance of a certificate of inspection.
(b) 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.
(c) The director is hereby authorized to issue a health department certificate of inspection in the City of Fort Worth when he or she 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.
(d) 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 30 days.
(e) If a certificate of inspection is denied by the director, the applicant may appeal the director’s determination by following the procedure specified in § 16-439(4)(c).
(f) 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.
(g) 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.
(Ord. 11209, § 3, passed 11-24-1992)
(a) 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.
(b) The application for a certificate of inspection shall state the name(s), address(es), telephone number(s), 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.
(c) 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.
(Ord. 11209, § 3, passed 11-24-1992)
(a) A health department certificate of inspection for a 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 reinspection 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.
(b) 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.
(Ord. 11209, § 3, passed 11-24-1992)
(a) 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.
(b) 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 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.
(Ord. 11209, § 3, passed 11-24-1992)
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.
(Ord. 11209, § 3, passed 11-24-1992)
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