(A)   The City Manager, or his/her designated representative, is authorized to issue a permit when he/she finds that the permit applicant has complied with the requirements of this subchapter and other applicable sections of this code. The permit 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.
   (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 City Manager, or his/her designated representative, 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 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 of Mansfield Department of Regulatory Compliance fee schedule.
      (2)   Whenever plans and specifications are required to be submitted to the regulatory authority, the regulatory authority 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 (100 to 120 degrees 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. 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 shall be exempt from the fence requirements of this subchapter.
      (7)   Outdoor play equipment shall be away from busy areas in the yard and securely anchored, unless portable by design.
      (8)   Swimming pools shall be constructed, maintained, and comply with the Code of Mansfield, Texas, 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.
(‘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) Penalty, see § 110.99