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(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)
The current certificate of inspection for the day care center designated therein shall at all times be conspicuously posted in public view on an inside wall of the main facility and shall be subject to inspection by representatives of the health department or other authorized persons.
(Ord. 11209, § 3, passed 11-24-1992)
Each day care center for which an application for a certificate of inspection is submitted shall be required to meet the minimum standards set forth in this article in the following areas:
(a) General facility design;
(b) Interior design for activity areas;
(c) Outdoor play areas and playground equipment;
(d) Sanitation and hygiene for personnel;
(e) Food service requirements; and
(f) Animal care.
(Ord. 11209, § 3, passed 11-24-1992)
(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 electrical outlets which are or may be accessible to or by children younger than five years old shall be protected by child-proof covers or safety outlets. All 220-volt electrical connections which are or may be accessible to or by children younger than five years old shall be protected by a screen or guard.
(4) 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, and a copy of which is on file with the city secretary. The regulatory authority shall cause water from such water taps and water coolers to be collected and sampled:
a. Prior to issuance of an original certificate of inspection 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 regulatory authority.
(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.
(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.
a. Commodes and urinals shall be located inside bathrooms and equipped so that children are able to use them independently in accordance with the city plumbing code. Bathroom doors must have no locks within the children’s reach.
b. Handicap access and toilet facilities must be installed and maintained in accordance with the city building code.
(3) a. There shall be at least one toilet and one handwashing lavatory for every 17 children.
b. There shall be separately designated restrooms for male and female.
c. For the purposes of this section, for facilities subject to licensing by the Texas department of human resources, the number of children is the maximum number of children that may attend the facility according to the state license, regardless of the actual number of children in attendance. For the purposes of this section, for a facility not subject to licensing by the Texas department of human resources, the number of children is the actual number of children enrolled at the facility.
(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°F. 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.
(5) 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.
(7) Each sink shall be designated as a “single-purpose use” sink. Combination fixtures, such as faucet/water fountains, are prohibited. Each day care center shall have 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 least one diaper changing station.
c. If the facility engages in food preparation, there must be a three-compartment sink in the food preparation area.
(8) The source of potable water shall be from a public water supply or a private water system which has been approved by the regulatory authority or the Texas department of health, maintained and operated according to Texas department of health 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 department of health water standards is on file with the city secretary.
(9) All sewage shall be discharged into a public sanitary sewer system or into a private sewage disposal system approved by the Texas department of health.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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.
(15) In all day 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.
(Ord. 11209, § 3, passed 11-24-1992)
(a) General requirements.
(1) All equipment, materials and furnishings shall be of sturdy and safe construction, easy to clean, free of sharp points or corners, splinters, protruding nails, loose rusty parts and paint which contains lead or other poisonous materials.
(2) Each child shall be provided with individual storage space for personal belongings.
(3) 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.
(4) Individual cribs, portable cribs or playpens used for sleeping shall be of safe and sturdy construction and equipped with mattresses covered with waterproof material that can be cleaned. Crib sides shall have secure latching devices. Vertical slats on cribs shall not be spaced more than two and one-half inches apart. There shall be no more than one and one-half inches of space between the mattress and bed frame when the mattress is pushed flush to any one corner of the crib.
(5) Linens shall be laundered at least once per week and more often if necessary. Linens shared by children shall be laundered after each use. Linens used exclusively by one child shall be stored separately from those of other children.
(b) Isolation area. All day care centers shall provide an isolation area or room for the use and comfort of any child who becomes ill or is injured while at the facility. While the isolation area or room is in use by an ill or injured child, the area or room must be kept free of other children.
(c) Diapering and toileting.
(1) Infants and toddlers shall be diapered in their own individual cribs or at a diaper station which is in a central diapering area on a sanitized surface.
(2) 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.
(3) Disposable diapers, once used, shall be placed in a cleanable container with a tight fitting lid. The container shall be lined with a moisture-proof disposable liner which may not be reused. When the container is full, the liner and the used diapers shall be removed to a clean area, away from the children, and shall be inaccessible by flies, insects, rodents and other pests. Cloth diapers, once used, shall be laundered or removed from the facility daily.
(4) Diaper changing stations shall be used only for the purpose of diaper changing.
(d) 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.
(Ord. 11209, § 3, passed 11-24-1992)
General requirements shall be as follows.
(a) Exterior premises shall be well-drained and maintained free of high grass, poisonous plants and pest harborages and breeding sites.
(b) 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.
(c) Outdoor play areas shall be surrounded by a fence. The fence shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension except for doors and gates; and if a picket or iron fence is erected or maintained, the horizontal dimension shall not exceed four inches. The fence shall have at least two exits. An entrance to the building may count as one exit, but one exit must be away from the building. Such fence shall comply with provisions of the zoning ordinance and other applicable city codes and ordinances.
(d) Playground equipment constructed with protruding nails, screws, sharp edges, splinters (rough, unsanded wood or other materials) and toxic paints (e.g., lead-based paints) is strictly prohibited.
(e) All playground equipment shall be securely assembled and, where applicable, securely anchored with unexposed anchors. Such equipment shall be installed, situated and maintained so as to prevent accidents and collisions.
(f) Swimming and wading pools more than 24 inches deep shall be enclosed by a fence no less than six feet in height which has a self-closing, self-locking gate. When a swimming or wading pool is not in use, it must be kept out of the reach of children.
(g) A minimum free residual chlorine of 1.0 part per million units of water shall be maintained in every swimming pool and wading pool when in use. No water in any swimming pool or wading pool when in use shall be permitted to show an acid reaction to a standard pH test.
(h) All pool chemicals and equipment shall be stored in a place and manner which are at all times inaccessible to children.
(Ord. 11209, § 3, passed 11-24-1992)
General requirements shall be as follows.
(a) No owner, employee or volunteer who has a communicable disease, as defined by the Communicable Disease Prevention and Control Act, or who is in 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) Owners, employees and volunteers shall wear clean clothing and maintain a state of personal cleanliness while at the facility.
(c) 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.
(Ord. 11209, § 3, passed 11-24-1992)
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