(A) No person, firm or corporation shall operate a child-care center within the city unless a permit for such purpose has been issued by the Fire Department and a permit for such purpose has been issued by the regulatory authority. This shall not exclude requirements of the city adopted International Fire Code or the Texas Health and Human Services Commission for fire alarm and sprinkling mandates.
(‘78 Code, § 10-52)
(B) The term "child-care" shall not apply to, nor shall a permit be required for, the following facilities:
(1) A state operated facility;
(2) An agency foster home or agency foster group as designated by the Tex. Human Resources Code, § 42.002(11) and (12), as amended;
(3) A facility that is operated in connection with a shopping center business, religious organization or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, or engaging in other activities on or near the premises, including, but not limited to retreats or classes for religious instructions;
(4) A school or class for religious instruction that does not last longer than two weeks that is conducted by a religious organization during the summer months;
(5) A youth camp licensed by the Texas Department of State Health Services;
(6) A hospital licensed by the Texas Department of State Health Services;
(7) An education facility accredited by the Texas Education Agency or the Southern Association of Colleges and Schools that operates primarily for educational purposes in grades kindergarten and above or a before and after-school program operated directly by an accredited educational facility or a before and after-school program operated by another entity under contract with the educational facility, if the Texas Education Agency or Southern Association of Colleges and Schools has approved the curriculum content of the before and afterschool program operated under the contracts;
(8) An educational facility that operates solely for educational purposes in grades kindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day and is a member of an organization that promulgates, publishes and requires compliance with health, safety, fire and sanitation standards equal to standards required by state, county or municipal codes;
(9) A kindergarten or preschool educational program that is operated as part of a public school or private school accredited by the Texas Education Agency and offers educational programs through grade six and does not provide custodial care during the hours before or after the customary school day;
(10) A registered family home as defined by Tex. Human Resources Code, § 42.002(9), as amended;
(11) An educational facility that is integral to and inseparable from its sponsoring religious organization and which does not provide custodial care for more than two hours maximum, per day, and that offers educational programs for children ages five and above one or more of the following:
(a) Kindergarten through grade three;
(b) Upper elementary or secondary grades, provided however, that a religious organization such as that described in division (3), where children are cared for during short periods while parents or persons responsible for the children are attending religious services or engaged in other activities on or near the premises, may provide custodial care for more than two hours per day;
(12) The Mansfield Independent School District and schools accredited by the Texas Education Agency;
(13) A facility licensed, operated, certified, or registered by a state agency other than the Department of Health and Human Services; or
(14) A juvenile detention facility certified under Tex. Fam. Code §§ 51.12 or 141.042(d), a juvenile facility providing services solely for the Texas Youth Commission, or any other correctional facility for children operated or regulated by another state agency or by a political subdivision of the state.
(‘78 Code, § 10-55)
(Ord. 767, passed 2-8-88; Am. Ord. 1346, passed 4-23-01; Am. Ord. OR-2253-22, passed 5-9-22)