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(a) For purposes of this section,
CHANGE OF OWNERSHIP OF THE BUSINESS OF ANY DAY CARE CENTER is defined as the sale, transfer or exchange of any legal or equitable interest in the business of operating a day care center to another person. It shall not be considered a “change of ownership of the business of any day care center” for purposes of complying with the requirements of this section if the owner of the business changes only the type of business entity holding ownership and the owner remains a controlling partner or officer in the new entity.
(b) Whenever a change in the ownership of the business of any day care center occurs, the existing certificate of inspection shall be automatically revoked, and the new owner:
(1) Shall submit to the director a scale drawing of the floor plan of the facility indicating, but not limited, to the following proposed room usage, equipment schedule, room finish schedule, plumbing schedule and outdoor play area and play equipment;
(2) Shall pay the applicable floor plan review fee; and
(3) Shall obtain a new certificate of inspection.
(c) The requirements of § 16-437(b) are in addition to building permit or any applicable inspections or reviews by any other city department.
(d) In the event of a change of ownership of the business of any day care center, it shall be unlawful for a new owner to operate or cause to be operated a day care center without first complying with all the requirements of § 16-437(b).
(e) Whenever a change in the ownership of the business of any day care center occurs, the new owner of the business shall pay a nonrefundable fee for review of the floor plan to the department in an amount established by city council.
(Ord. 11209, § 3, passed 11-24-1992)
It shall be unlawful for any person to operate or cause to be operated a day care center in the City of Fort Worth without first obtaining a building code permit, certificate of occupancy, certificate of inspection or any other certificate or permit which may be required by any applicable article or chapter of the city code of the City of Fort Worth. It shall be unlawful for any person to operate or cause to be operated a food service establishment or temporary food service establishment at a day care center without adhering to all rules for operation of such food service establishment, although said facility need not obtain a separate permit for said use from the city public health department. An owner of a day care center shall also comply with all applicable city code requirements before a permit is issued.
(Ord. 11209, § 3, passed 11-24-1992)
The director shall have the authority and responsibility to enforce the provisions of this article and applicable state statutes regarding day care centers.
(a) The director or his or her representative shall have the authority to inspect or visit all day care centers at all reasonable times and as he or she determines necessary to ascertain if they are being maintained and operated in conformity with this article or if any conditions exist at a facility which require correction. An inspection shall be made at least once each year to ensure that the facilities, grounds and equipment are maintained in compliance with this article and in a safe sanitary and healthy condition for the welfare of the occupants and patrons of the day care center.
(b) (1) The director or his or her representative shall have the authority to give written notice to the owner of a day care center of any violation of this article and/or requirement to comply with the provisions of this article.
(2) If a day care center is found to be in operation without a certificate of inspection, the director shall have the authority to give written notice to the owner of said facility to cease child caring activities immediately, irrespective of how the facility is maintained or operated. The director may permit the day care center to remain in operation with the proviso that the facility obtain a certificate of inspection within a reasonable time, but said reasonable time may not exceed 30 days.
(c) The director or his or her representative shall have the authority after giving written notice to suspend the certificate of inspection if he or she ascertains any violation causing immediate danger to a child regarding: construction of the facility and on-premises buildings, rest rooms, sanitation of the facility, preparation, storage and handling of food, storage of chemicals or any harmful solution, infectious diseases and hazards in outdoor play areas. Suspension of the certificate of inspection shall require the operator to cease all child-caring immediately and to bring the day care center into compliance with the directives from the department within a prescribed time period. Failure to rectify designated problems at the day care center within the prescribed time period shall lead to revocation of the certificate.
(d) The director shall have the authority to revoke any certificate if he or she ascertains that an owner or operator has failed or refused to comply with the minimum requirements set forth in this chapter for a day care center, providing that the following procedure is adhered to.
(1) The director, in writing by certified mail or by personal service, shall notify the owner of the manner in which the owner or the day care center fails to comply with the provisions of this chapter, and shall specify a reasonable time by which the owner shall remedy said failure.
(2) If the owner fails to comply with the provisions of this chapter within the time specified, the director shall give notice in writing to the owner of the day care center that the certificate issued for the operation of the day care center is revoked. This action of revocation is in addition to any criminal enforcement of this article.
(3) The notice of revocation or a denial of a certificate shall become final after the expiration of ten days from the date of service upon the owner or operator of the day care center in question, unless on or before the expiration of ten calendar days the owner or his or her duly authorized agent shall file with the office of the city manager a written letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than 15 days after receipt of the letter of appeal unless extended by mutual agreement of the parties. The owner appellant shall be given at least five days’ notice of the date, time and place of the hearing. The city manager shall give the appellant, and any other affected party, a reasonable opportunity to be heard, in order to show cause why the determination of the regulatory authority should not be upheld. In all such cases the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the regulatory authority. The city manager shall make his or her determination and shall notify the appellant of his or her determination. The decision of the city manager is final.
(e) The director shall have the authority to revoke any certificate, if he or she determines, after affording the owner of a certificate an opportunity to be heard, that:
(1) The certificate is used or was used by a person other than the person to whom the certificate was issued;
(2) The certificate is used for a location other than that for which it was issued;
(3) Any of the conditions or limitations set forth in the certificate have been violated; and
(4) There has been any false statement or misrepresentation as to a material fact in the plans, specifications or documentation on which the certificate was based.
(f) Any suspension or revocation of a certificate of inspection by the city shall be reported to the Texas department of human services. The city shall also report a day care center operating without a valid certificate of inspection to the Texas department of human services.
(g) Any person aggrieved by a finding, determination, notice or action taken under the provision of codes or ordinances other than health shall follow the appeal process designated in the applicable code or ordinance.
(Ord. 11209, § 3, passed 11-24-1992)
(a) Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction in municipal court shall be fined not more than $2,000 in accordance with § 1-6(c), and each separate violation shall constitute a separate offense, and each and every day the offense occurs shall constitute a distinct and separate offense.
(b) If, after revocation of a certificate of inspection, a person continues to operate a day care center, he or she shall be subject to the penalties described in § 16-440(a).
(Ord. 11209, § 3, passed 11-24-1992; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019)
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