(A) The regulatory authority and Fire Department, are authorized to issue permit(s) when he or she finds that the permit applicant has complied with the requirements of this subchapter and other applicable sections of this code. The permit(s) shall be refused in the event the applicant has not complied with the requirements of this subchapter or any other applicable section of this code, or if it is determined that any false statement has been made in the permit application(s).
(B) The permitted premises shall be inspected not less frequently than semiannually to assure that the facilities, grounds and equipment are maintained in compliance with this subchapter, with the minimum standards adopted hereby, and in a safe and sanitary condition for the welfare of the occupants and patrons. Reports of the inspections shall be kept on file with the city and copies issued to the permit holder, along with appropriate directives to resolve any deficiencies observed in the inspection. The regulatory authority and Fire Department, shall have authority to enforce all provisions of this subchapter and to issue citations for any violation of any of its provisions.
(C) It shall be unlawful and an offense for any permit holder to operate any facility permitted under the provisions of this subchapter in violation with any of the provisions hereof, the minimum standards adopted hereby or any other applicable section of this code, or to fail to respond to any noted deficiency or violation within the time specified by the Inspector for correction.
(D) Plan review and operation standards.
(1) Whenever a child-care center or before and after-school facility is constructed or extensively remodeled and whenever an existing structure is converted to use as a child-care center or before and after-school facility, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling, or conversion has begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas and the type and model of proposed fixed equipment in centers. The regulatory authority shall approve the plans and specifications if they meet the requirements of the State of Texas, the regulatory authority, and city ordinances. A plan review fee will be charged per the city’s Department of Regulatory Compliance fee schedule.
(2) Whenever plans and specifications are required to be submitted to the regulatory authority, who shall inspect the child-care center or before and after-school facility prior to beginning its operation to determine compliance with the approved plans and specifications and with the requirement of these rules.
(3) Free-standing diaper changing stations in infant and toddler areas shall have a hand sink,
plumbed with hot water at least 100° Fahrenheit (up to 120° Fahrenheit) and cold running water, located at the diapering station. Hot water must be available within 20 seconds.
(4) Child-care centers providing overnight care shall provide bathtubs and/or showers.
(5) Stairs and porches more than two feet above the ground shall have railings the children can
reach.
(6) Outside play areas shall be surrounded by a fence with a minimum height of four feet and shall be immediately adjacent to the center and located away from heavy traffic areas. Such fences shall be of a design to prevent entrapment hazards.
(a) The use of chain link fencing materials shall be prohibited;
1. This provision shall not apply to any existing child care facilities in operation with a valid health permit in existence on the date of the adoption of this subchapter. Child care facilities that contain physical features that are not in compliance with this section and that present a clear threat to public health, safety, or welfare shall be required to bring said physical feature into conformance with this subchapter. All new or extensively remodeled child care facilities shall comply with the physical facility standards set forth in this section and all other applicable regulations within the city’s code of ordinances. Extensive remodeling shall mean the repair or alteration of 50% or more of the existing square footage of an existing building, a change of occupancy, an addition, or the relocation of an existing building.
(b) The following facilities shall be exempt from fencing requirements:
1. Any child-care center operating a before and after-school program in a public school building pursuant to a contract with any independent school district;
2. A facility licensed to provide only an alternative care program as defined in Minimum Standards; or
3. A facility licensed to provide only a get-well care program as defined in Minimum Standards.
(7) Outdoor play equipment shall be away from busy areas in the yard and securely anchored, unless portable by design.
(8) Swimming pools and interactive water features shall be constructed, maintained, and comply with Chapter 92 “Health and Sanitation” standards regarding swimming pools and spas.
(9) An isolation area must be available in the facility for children who are not feeling well, and must be comfortable and supervised away from other children.
(10) All handwashing lavatories shall be provided with hot and cold water under pressure, tempered by means of mixing valve or combination faucet. The facility must ensure that the temperature of hot water available to children is at least 100° Fahrenheit and no higher than 120° Fahrenheit. 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.
(‘78 Code, § 10-54) (Ord. 767, passed 2-8-88; Am. Ord. 1346, passed 4-23-01; Am. Ord. OR-2253-22, passed 5-9-22; Am. Ord. 2349-24, passed 2-26-24) Penalty, see § 110.99