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The permit holder shall prominently and conspicuously post for display in a public area inside the boarding home facility that is readily available to residents, the operator, employees, and visitors the following:
(a) The permit issued under this article to operate the boarding home facility. The permit must be presented upon request to the director, director's designee or to a peace officer for examination.
(b) A sign prescribed by the director specifying how complaint may be registered with the city.
(c) A notice in a form prescribed by the director stating that inspection and related reports are available at the facility for public inspection and providing a telephone number that may be used to obtain information concerning the facility.
(d) A copy of the most recent inspection report relating to the facility by the city or a concise and accurate summary of that inspection report.
(e) A notice in a form prescribed by the director that lists the name, location, and contact information for:
(1) The closest local public health services agency in the proximity of the facility; and
(2) A local organization or entity that represents, advocates, or serves elderly persons or persons with disabilities, including any related toll-free contact information for reporting emergencies to the organization or entity.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) Required inspections.
(1) A boarding home facility must pass all required inspections.
(2) The permit holder shall keep a current file of reports and other documentation on site that is needed to demonstrate compliance with applicable ordinances, laws, and regulations, including, but not limited to, documentation of those requirements set out in §§ 20-491, 20-494, 20-496, 20-497 and 20-498 of this article. Inspection records must be signed and dated by the appropriate authority and there must be no pending corrective actions.
(3) The following inspections are required:
a. Permitting inspection.
b. Annual permit renewal inspection.
c. Annual fire inspection.
d. Annual kitchen inspection for a boarding home facility that provides meal preparation.
(b) Other inspections. The director may inspect any boarding home facility for the purpose of ascertaining whether violations of this article or any other city ordinances exist. The director is authorized at a reasonable time to inspect:
(1) The exterior of a structure and the surrounding premises; and
(2) The interior of a structure if the permission of the owner, occupant, or person in control is given or a search warrant is obtained.
(c) Consequences of refusal to inspect. If the owner, occupant, or person in control denies permission to search any part of the interior or exterior of the structure or the surrounding premises, the director may suspend the permit to operate a boarding home facility in accordance with Section 20-480.
(d) Reinspections. Whenever a boarding home facility is inspected by the director and a violation of this article or any other city ordinances is found, the building or premises will, after the expiration of any time limit for compliance given in the notice or order issued because of the violation, be reinspected by the director to determine that the violation has been eliminated.
(e) Reinspection fee. The permit holder shall pay:
(1) To the director, $500.00, for each reinspection after the first inspection by that department that must be conducted before the violation is determined to be eliminated; and
(2) To the director of any other city department the fee required (if any) by the applicable code for each reinspection by that department that must be conducted before the violation is determined to be eliminated.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
As required by Tex. Health and Safety Code, Chapter 260, before September 30th of each year, the director shall submit a report to the Texas Health and Human Services Commission. The report must contain the following information:
(a) The total number of boarding home facilities issued permits by the city during the preceding state fiscal year.
(b) The total number of boarding home facility applications for which permits were denied, including a summary of the causes for denial.
(c) The total number of boarding home facility permits that were active on August 31st of the preceding state fiscal year.
(d) The total number of residents housed in each boarding home facility reported.
(e) The total number of inspections conducted by the city at each boarding home facility.
(f) The total number of permits suspended or revoked as a result of an inspection.
(g) A summary of the outcome for any residents displaced by suspension or revocation of a permit.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) In general. Each permit holder shall ensure the residents' health, safety, comfort, and protection through the standards contained in this section that address the construction, remodeling, and maintenance of a boarding home facility.
(b) Applicable regulations. Each boarding home facility must comply with the following codes and regulations:
(1) Local zoning, building and property maintenance codes.
(2) Federal, state, or local adopted fire codes and standards.
(3) Federal, state, and local health and safety codes.
(4) Federal and state accessibility regulations.
(c) Public pathways and stairways. A public pathway or stairway in a building must maintain a minimum unobstructed width in accordance with the local fire code, as amended, and must be provided with a convenient light switch controlling an adequate light system.
(d) Maintenance.
(1) The permit holder shall maintain the dwelling and premises in a clean and sanitary condition.
(2) The permit holder shall keep a boarding home facility in good repair and maintenance in a manner that will promote the health, comfort, safety, and well-being of residents.
(3) The permit holder shall be responsible for the extermination of any insects, rodents or other pests in the rooms occupied by residents, storage areas, attics, or on the premises or yard.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
(a) Sleeping space per person. Each room occupied for sleeping purposes by one occupant must contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person must contain at least 50 square feet of floor space for each occupant.
(b) Emergency exit. Each sleeping room must provide access to an emergency exit without passing through another sleeping room.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
A telephone that is connected to a land line must be available 24 hours a day, be easily accessible, and afford privacy for use by residents. A list of emergency telephone numbers, including the numbers of the local police department, local fire department, ambulance, the City department that issued the boarding home permit, the Texas Department of Family and Protective Services (DFPS), the local mental health authority, and the Texas Information and Referral Network, must be placed in plain view on or next to the telephone and made accessible to persons who are visually or hearing impaired, as needed.
(Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)
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