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(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)
General requirements shall be as follows.
(a) All day care centers in which food is prepared for human consumption shall comply with the pertinent food service regulations set forth in the city code and in the Rules on Food Service Sanitation (1977), as amended, set forth by the Texas department of health, and a copy of which is on file with the city secretary. While day care centers in which food is prepared on site must comply with all applicable food service regulations, such centers need not obtain food service establishment permits, nor temporary food service establishment permits. Further, employees of such day care centers need not obtain food handler’s certificates, nor must the day care manager obtain a food manager’s certificate.
(b) Food service establishment permits or temporary food service establishment permits shall not be required in day care centers which do not prepare food on site, which have children bring their own lunches, which serve only prepackaged single-service snacks, or which prepare no food other than infant formula.
(c) All off-site food services used by a day care center must be permitted as a food service facility by an appropriate health department or 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) (1) At all day 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. Day 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. All replacement equipment must meet or exceed the standards established by the NSF.
(2) Day 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.
(Ord. 11209, § 3, passed 11-24-1992)
General requirements shall be as follows.
(a) Animals kept on or brought to day 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 in compliance with § 6-19; and that each animal over six months of age is spayed, neutered or subject to an intact pet permit in compliance with § 6-22; and shall be vaccinated against rabies if required by the city code. Documentation of such vaccinations and microchipping or licensing shall be kept on file at the facility.
(b) The day care center and premises shall be kept free of stray animals.
(c) Animals and their living spaces at a day care center shall be kept clean.
(d) Turtles and psittacine birds shall not be kept at or brought to day care center premises. No “prohibited animals,” as that term is defined by the city code, shall be kept at or brought to day care center premises.
(Ord. 11209, § 3, passed 11-24-1992; Ord. 23295-06-2018, § 3, passed 6-26-2018, eff. 7-6-2018)
(a) Every owner, employee and volunteer who cares for, controls or supervises children at a day 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 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.
(c) Every applicant for a child care worker certificate:
(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;
(2) Shall, each year, whether the application is an original application or a renewal application, submit to the department a record of the applicant’s tuberculosis examination completed no earlier than 12 months before the applicant begins work at a day care center or applies for a renewal application, and shall maintain a copy of the record of the tuberculosis examination at the day care center;
(3) Shall attend an orientation class provided by the department at a site specified by the department before a child care worker certificate, either original or renewal, will be issued to the person; and
(4) 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 above in § 16-435(c).
(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 department. A proposed request for revocation of a certificate shall be made to the director by the department’s consumer health administrator of the regulatory authority 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 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.
(Ord. 11209, § 3, passed 11-24-1992; Ord. 13749, § 1, passed 3-23-1999)
(a) Prior to the construction, alteration, repair, conversion, improvement or enlargement of any building or structure to be used as a day care center, the owner of the day care center shall make application for and obtain a building permit as required by the city building code.
(b) A “letter of intent” to operate a day care center shall be submitted to the department at the same time the plans and specifications are submitted for review to the Fort Worth department of planning and development. The department of planning and development shall receive a copy of the “letter of intent.” Any change or modification to the original “letter of intent” shall cause the owner to submit a revised “letter of intent” to the department with a copy to the department of planning and development. The “letter of intent,” whether original or revised, shall include the following information:
(1) Proposed hours and days of operation of the day care center;
(2) Proposed number of children and age groups to be served by the center;
(3) Identification or designation of the type of day care center to be operated at the site;
(4) If food preparation or service, as defined by the city code, will be provided at the facility, a sample menu for one month; and
(5) If food preparation or service, as defined by the city code, will not be provided at the facility, a statement from the owner that no such food preparation or service will take place at the facility; if the owner subsequently desires to add food preparation or service, as defined the city code, to the facility, then the owner shall comply with all applicable requirements of said code, excluding paying for and obtaining a food service establishment permit for the facility.
(c) Nothing in this section shall be construed to exempt the owner of a day care center or permit applicant from complying with all other applicable permits, inspection or review by any other city department.
(Ord. 11209, § 3, passed 11-24-1992; Ord. 17522, § 5, passed 4-24-2007)
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