The purpose of this article is to supplement state statutes
and regulations governing day care centers by providing standards
for operation of day care centers in the city to protect the health,
safety and welfare of the occupants and patrons of day care centers.
(Ordinance 1524, 3-26-02)
(a)
The
provisions of the current rules or rules as amended, known as the
“Minimum Standards for Day Care Centers”, found in Title
40 Texas Administrative Code, Chapter 715, Section 401 through 429
are herein adopted together with the additions, deletions, and amendments
hereinafter contained, as part of Article II, Day Care Centers, of
the “Health and Sanitation” Chapter of the Code of the
City of Euless.
(b)
An un-abridged
copy of the “Minimum Standards for Day Care Centers” shall
be kept on file in the office of the city secretary. The provisions
of the “Minimum Standards for Day Care Centers” shall
apply, as though such regulations were copied at length herein, except
where specific other provisions are expressed within this article.
(Ordinance 1524, 3-26-02)
(a)
Building official:
Child:
City:
City code:
Day care center:
Department:
Food service:
Handwashing lavatory:
Health department:
Health department permit:
Infant:
Isolation area:
Owner:
Person:
Premises:
Pre-schoolers:
Refuse:
Restroom:
Sewage:
Single-purpose sink:
Toddler:
The
following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
The officer or other designated authority charged with the
administration and enforcement of this Code, or the building official’s
duly authorized representative.
A person under 18 years of age.
City of Euless.
The Code of Ordinances of the City of Euless, as amended
from time to time.
A facility that provides care for more than five children
under 14 years of age, who are not the natural or adopted children
of the owner or operator of the day care center, for less than 24
hours a day.
The Texas Department of Health.
The preparation or serving of meals or snacks.
A basin with hot and cold running water for the washing of
hands.
The City of Euless Health Services (Code Services).
A certificate issued by the City of Euless Health Services
upon application and inspection of a day care center which at the
time of issuance complied with applicable city ordinances.
A child younger than 18 months old.
An area or room apart from other facilities which shall be
available for use by children who become sick or injured.
A person having any legal or equitable interest in the business
or operation of a day care center. A person is deemed to be an owner
for purposes of this chapter if that person operates, conducts, manages,
maintains or controls, either directly or indirectly, a day care center.
An individual or any other legal entity.
A tract of land with the buildings thereon, or a building
or part of a building with its grounds or other appurtenances.
Children between two and five years of age.
All wastes resulting from domestic, commercial or industrial
operations incidental to urban life, except sewage, but including
garbage, brush and trash.
A self-contained enclosure with a door on it, containing
at least one lavatory and one commode.
The liquid waste, which may or may not contain solids, from
the plumbing facilities or sanitary conveniences of a building, dwelling
unit, business building, factory or institution.
A sink that is used for only one purpose, said purpose being
specifically designated by the facility and approved by health services.
Types of single-purpose sinks include, but are not limited to: handwashing
lavatories at diaper changing stations, handwashing lavatories in
restrooms, wastewater disposal sinks, and sinks required for food
service preparation in accordance with the rules on food service sanitation.
Any child between 18 and 23 months of age.
(b)
The
term “child care” shall not apply to:
(1)
A
state-operated facility;
(2)
An agency foster group home or agency foster home as defined by the Texas Human Resources Code, Chapter 42;
(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, shopping or engaging in
other activities on or near the premises, including but not limited
to retreats or classes for religious instruction;
(4)
A
school or class for religious instruction that does not last longer
than two weeks and is conducted by a religious organization during
the summer months;
(5)
A
youth camp licensed by the Texas Department of Health;
(6)
A
hospital licensed by the Texas Department of Health and Mental Retardation
or the Texas Department of Health;
(7)
An
educational facility accredited by the Texas Education Agency or the
Texas Private School Accreditation Commission that operates primarily
for educational purposes in grades kindergarten and above;
(8)
An
educational facility that operates solely for educational purposes
in grades Kindergarten through at least Grade 2, that does not provide
custodial care for more than one hour during the hours before or after
the customary school day, and that 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 and municipal codes.
(9)
Kindergarten
or preschool educational program that is operated as part of a public
school or a private school accredited by the Texas Education Agency
or the Texas Private School Accreditation Commission, that offers
educational programs through Grade 6, and that does not provide custodial
care during the hours before or after the customary school day;
(11)
An educational facility that is integral to and inseparable from its sponsoring religious organization or an educational facility, both of which do not provide custodial care for more than two hours maximum per day, and that offers educational programs for children age five and above in one or more of the following: Kindergarten through at least Grade 3, elementary or secondary grades; provided, however, that a religious organization, such as that described in subsection (3) above, 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; or
(12)
After-school care facilities in public schools that provide care
before or after the usual school day, or full day care for the same
children on school holidays or during summer vacation for more than
five children, ages five through 13 years, for children enrolled in
the public school provided that the facility is properly licensed
by the Texas Department of Protective and Regulatory Services.
(Ordinance 1524, 3-26-02)
(a)
A day
care center shall be inspected by health services prior to issuance
of a day care permit.
(b)
No person
shall operate or cause to be operated a day care center in the city
without first obtaining a day care permit.
(c)
Health
services is hereby authorized to issue a day care permit in the city
when it finds that the owner or operator of the day care center has
complied with the requirements of this article and all other applicable
sections of the city code. If the day care center is in compliance,
the owner or operator of the day care center as provided above shall
be issued a day care permit.
(d)
If at
the time of inspection, a day care center is found to not be in compliance
with this Code, a day care permit will be suspended or will not be
issued. After notification of the violations or deficiencies which
were detected, the owner shall be required to remedy the conditions
of violation or deficiencies within a reasonable period of time as
prescribed by the director, but not to exceed 30 days.
(e)
If a day care permit is denied by health services, the applicant may appeal by following the procedure specified in section 42-56.
(f)
Health
services shall keep on file, the reports of inspections made of the
day care center as well as appropriate notices or directives to the
owner or operator of any violations or deficiencies observed in the
inspection.
(g)
The
owner or operator of the day care center shall operate the facility
or cause it to be operated at all times in compliance with the provisions
of this article and other applicable sections of the city code. The
owner or operator of the day care center shall correct or cause to
be corrected within the time period specified any violation or deficiency
that is identified by the building official.
(Ordinance 1524, 3-26-02)
(a)
Application
for a permit to operate a day care center shall be submitted by the
owner on a form specified by the Euless Health Services.
(b)
The
permit application shall state the owner’s name, address and
telephone number and the name and social security account numbers
of all employees and staff members of the day care center.
(c)
The
permit application shall indicate the name, street and mailing addresses
of the day care center, status of food service provided for children,
and times of operation.
(d)
Upon
change of ownership, a new application shall be made for a permit
as required in this section. Health services shall inspect the day
care center prior to its beginning operation to determine compliance
with the requirements of this article. Failure to comply with the
requirements of this article may result in denial, suspension, or
revocation of a permit.
(e)
The
owner shall affirm that a certificate of occupancy has been applied
for with the Euless Building Inspection Department, its issuance contingent
in part on the successful application for a day care center permit.
(f)
Failure
to provide all required information, or falsifying information required
on the application may result in denial, suspension, or revocation
of the permit.
(Ordinance 1524, 3-26-02)
(a)
Whenever
a day care center is constructed or extensively remodeled and whenever
an existing structure is converted to use as a day care center, properly
prepared plans and specifications for such construction, remodeling
or conversion shall be submitted to the city building department for
review and approval before construction, remodeling or conversion
is begun. The plans and specifications shall indicate the layout and
arrangement of any proposed food service areas, indoor and outdoor
areas to be used for the day care center including mechanical plans;
construction materials; plumbing fixtures; the type of fixed equipment;
and playground and fall zone specifications. The building department
shall approve the plans and specifications if they meet the requirements
of the adopted city codes.
(b)
No day
care center shall be constructed, extensively remodeled or converted
except in accordance with plans and specifications approved by the
building department. The approved plans and specifications must be
followed in construction, remodeling, or conversion.
(c)
Whenever
plans and specifications are required to be submitted, the building
department shall inspect the day care center prior to its beginning
operation to determine compliance with the approved plans and specifications
and with the requirements of this article.
(d)
Failure
to follow the approved plans and specifications may result in permit
denial, suspension, or revocation.
(Ordinance 1524, 3-26-02)
A day care center permit shall be valid for one year from the
date of issuance, unless suspended or revoked as hereinafter provided.
Any incorrect information in the records of the Euless Health Services
for the day care center shall be corrected before the permit may be
renewed.
(Ordinance 1524, 3-26-02)
(a)
Health
services is hereby authorized to deny, suspend, or revoke a day care
center permit for a violation of any provision of this article. Denial,
suspension or revocation of a permit shall be effected by notice,
in writing, setting forth the reasons therefor and specifying any
requirements or schedules of time for further action related to the
suspension or revocation.
(b)
The
following actions shall constitute cause for denial or suspension:
(1)
Failure
to respond within specified limits of time regarding violations observed
during a Euless Health Services inspection of the premises and operation;
(2)
Any
violation of this article which poses a safety or public health hazard
to any child entrusted to the care of the day care center;
(3)
Failure to possess a valid day care center license or accreditation issued by Texas Department of Protective and Regulatory Services according to Chapter 42 of the Human Resources Code.
(4)
Failure to meet the requirements of Chapter 42 of the Texas Department of Protective and Regulatory Services, Human Resources Code, related to the requirements for criminal history check and background search of central registry of reported cases of child abuse for all persons who are present while children are in care.
(d)
Whenever
a permit is denied, suspended or revoked, the permit holder or person
in charge shall cease operations. Parents or legal guardian shall
be immediately notified of the denial, suspension, or revocation by
the day care center so that alternative child care arrangements can
be made. Operations shall not resume until such time as a re-inspection
determines that conditions no longer exist causing denial or suspension.
The permit holder shall notify health services when the conditions
causing the denial or suspension have been corrected. The center may
not resume operations until health services verifies that the conditions
have been corrected and written authorization given. A sign shall
be posted by health services at the entrance of the building clearly
visible to a reasonably observant person which states “Closed
By Euless Health Services”. Signs posted by the building official
or his designee shall not be altered or removed unless authorized
by the building official or his designee.
(e)
A permit
that has been revoked shall not be reissued.
(Ordinance 1524, 3-26-02)
No permit issued under this article shall be used for any purpose
other than that for which it was issued, nor be transferred or assigned
to, or in any manner used by, any person, firm or corporation other
than the one to whom issued by the building official.
(Ordinance 1524, 3-26-02)
The day care center permit shall be conspicuously posted on
an inside wall of the main facility and shall be continuously displayed
in public view.
(Ordinance 1524, 3-26-02)
(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 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 occupancy shall be automatically revoked,
and the new owner:
(1)
Shall
submit to the building department a scale drawing of the floor plan
of the facility including, 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 occupancy.
(c)
The
requirements of this section are in addition to a 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 this article.
(Ordinance 1524, 3-26-02)
It shall be unlawful for any person to operate or cause to be
operated a day care center in the city without first obtaining a building
permit, certificate of occupancy, or any other certificate or permit
which may be required by any applicable article or chapter of the
city code of the city. 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
Euless Health Services. An owner of a day care center shall also comply
with all applicable city code requirements before a permit is issued.
(Ordinance 1524, 3-26-02)
General requirements shall be as follows:
(a)
All
day care centers in which food is prepared for human consumption shall
comply with the pertinent food service regulations set forth in the
city code and in the Rules on Food Service Sanitation (1977), as amended,
set forth by the Texas Department of Health, and a copy of which is
on file with the city secretary. Day care centers in which food is
prepared on site must comply with all applicable food service regulations.
(b)
Food
service establishment permits or temporary food service establishment
permits shall not be required in day care centers which do not prepare
food on site, which have children bring their own lunches, which serve
only pre-packaged single service snacks, or which prepare no food
other than infant formula.
(c)
All
off-site food services used by a day care center must be permitted
as a food service facility by an appropriate health department or
authority in the jurisdiction in which the food is prepared. Furthermore,
facilities receiving food from such food service entities must have
adequate and appropriate provisions for the holding and serving of
food and for the washing of utensils in accordance with the requirements
of the adopted city code.
(d)
At all
day care centers where food is prepared for human consumption, residential
type refrigerators, freezers and ranges shall not be used for food
preparation or storage in the food preparation area. Only equipment
that meets or exceeds the standards established by the National Sanitation
Foundation (NSF) will be approved for use, except that, in areas other
than food preparation areas, residential type refrigerators may be
used for storage of infant formula, juices and medications requiring
refrigeration. Day care centers in operation upon adoption of this
ordinance which were equipped with residential type equipment may
continue to use such equipment until such equipment is replaced. All
replacement equipment must meet or exceed the standards established
by the NSF.
(Ordinance 1524, 3-26-02)
General requirements shall be as follows:
(a)
No owner,
employee or volunteer who has a communicable disease, as defined by
the Communicable Disease Prevention and Control Act, or who is in
a contagious state, or who is afflicted with boils, infected wounds,
sores, or acute diarrhea shall be permitted to care for children,
come into contact with children, prepare food, or be allowed to work
in any capacity where he or she can transmit the communicable disease
or infect other individuals in the facility.
(b)
Owners,
employees and volunteers shall wear clean clothing and maintain a
state of personal cleanliness while at the facility.
(c)
Owners,
employees and volunteers shall thoroughly wash their hands with soap
and warm water before starting work, during work as often as necessary
to keep them clean, after smoking, eating, drinking, or using the
toilet.
(Ordinance 1524, 3-26-02)
General requirements shall be as follows:
(a)
Animals
kept on or brought to day care center premises shall be licensed and
vaccinated against rabies if required by the adopted city code. Documentation
of such vaccinations and registration shall be kept on file at the
facility.
(b)
The
day care center and premises shall be kept free of stray animals.
(c)
Animals
and their living spaces at a day care center shall be kept clean.
(d)
Turtles
and psittacine birds shall not be kept at or brought to day care center
premises. No “prohibited animals,” as that term is defined
by the adopted city code, shall be kept at or brought to day care
center premises.
(Ordinance 1524, 3-26-02)
(a)
All
staff shall clean their hands and exposed portions of their arms with
a cleaning compound by vigorously rubbing together the surfaces of
their lathered hands and arms for at least 20 seconds and thoroughly
rinsing with clean water and shall pay particular attention to the
areas underneath the fingernails and between the fingers. Staff shall
keep their fingernails trimmed, filed, and maintained so the edges
and surfaces are cleanable and not rough.
(b)
Staff
must wash before preparing or serving food, before feeding a child
or handling food, after caring for a sick child, after diapering,
after assisting a child with toileting, after coughing and sneezing,
after cleaning soiled surfaces, and after engaging in other activity
that contaminates the hands.
(c)
Staff
must assist children to ensure that their hands are thoroughly washed
before eating, after using the toilet, after a diaper change, after
playing outdoors, after playing with pets, after coughing or sneezing,
or after any activity that contaminates the hands.
(d)
Permanent
signs shall be conspicuously posted by all handsinks including those
in the restrooms, food service areas, and classrooms, so as to be
noticed by normally observant individuals, reminding all persons to
wash hands. Permanent signs, including pictorial messages, shall be
posted for communication with children unable to read.
(e)
Employees
and staff members shall have received a Mantoux tuberculosis skin
test, with negative results, within the last two years. In the case
of a positive result or when a Mantoux tuberculosis skin test cannot
be administered, a tuberculosis examination shall be conducted by
a physician and the person found not to be a risk for the communication
of tuberculosis. Subsequent testing may be required by health services
if the person is exposed to tuberculosis.
(f)
Employees
and staff members shall not present themselves for work when ill with
a contagious virus or other disease that may affect the health of
other persons. Persons shall not be permitted in the day care center
whose health status or behavior suggests a hazard to the health, safety
and welfare of others, including symptoms of a contagious illness,
a dangerous mental or physical condition or symptoms of drug or alcohol
intoxication.
(g)
Any child with symptoms of a communicable disease such as oral fever at or above 100.4F, uncontrolled diarrhea (two or more loose, watery stools in 24 hours) or vomiting (two or more episodes in 24 hours) shall be isolated from other children at the day care center. Extra attention must be given to handwashing and sanitation until the child can be picked up by a parent or other person(s) authorized by the parent according to subsection 42-51(c) of this chapter.
(Ordinance 1524, 3-26-02)
(a)
A day
care center shall not be located in a manufactured home or in any
part of a building other than the ground level unless approved by
the Euless Building and Fire Officials.
(b)
A day
care center shall maintain an adequate amount of first-aid supplies
including, but not limited to soap, antiseptic solutions, absorbent
cotton, cotton-tip applicators, sterile gauze, adhesive tape and adhesive
bandages. One medium-sized package or container of each of these first-aid
supplies shall be maintained in unopened reserve at all times. A magnifying
glass, thermometer and tweezers shall also be available. First-aid
procedures and supplies shall be applied, including cleaning and bandaging,
for any cut or bleeding abrasion of the skin.
(c)
The
day care center shall take effective measures to maintain the structure
and grounds free of insect and rodent infestation. Pest control services
shall be provided by an individual or business that is properly licensed
by and in compliance with the Texas Structural Pest Control Board
requirements. Pest control records must be maintained by the day care
center for a period of two years and must be available for review
by Euless Health Services.
(d)
All
equipment and furnishings such as high chairs, chairs, tables, cribs,
swings, or playpens shall be in good repair and shall be free of entrapment
and entanglement hazards.
(e)
The
interior of the building shall be maintained free of debris and filth.
Walls and floors shall be maintained in good repair, structurally
sound and free of holes, dangerous protrusions or other obvious hazards.
The floors including carpeting, tile or other coverings shall be kept
clean and free of accumulation of debris and filth.
(f)
Grounds
around the child care facility must be maintained free of debris,
unnecessary items or any harborage for rodents or mosquitoes.
(g)
All
fences, bridges, railings, and other ornaments or equipment on the
grounds that are accessible to the children must not pose an entrapment
or entanglement hazard. They shall comply with adopted city codes.
(Ordinance 1524, 3-26-02)
(a)
General
requirements.
(1)
All
stairs, porches, platforms and step elevations greater than 30 inches
shall provide handrails or guardrails for usage by children in accordance
with the adopted city codes.
(2)
All
glazing (including windows and doors) shall be installed and maintained
in accordance with the adopted city code.
(3)
All
electrical outlets, which are or may be accessible to or by children
younger than five years old shall be protected by childproof covers
or safety outlets. All 220-volt electrical connections, which are
or may be accessible to or by children younger than five years old
shall be protected by a screen or guard.
(4)
The
lead level of the water from each water tap and water cooler in the
facility, from which water is accessible to or consumed by children,
must be at or below the maximum levels allowed by the Texas Safe Drinking
Water Act, as amended.
(b)
Room
finishes.
(1)
All
surfaces of kitchen and restroom doors shall be smooth and easily
cleanable. All splash areas in kitchens and bathrooms and the walls
immediately adjacent thereto, shall have smooth and easily cleanable
surfaces. “Easily cleanable” shall mean that surfaces
are readily accessible and made of such materials and finish and so
fabricated that residue may be effectively removed by normal methods.
(2)
All
floors shall be smooth, easily cleanable and free of the following:
Cracks, bare concrete, splinters, sliding rugs, telephone jacks, and
electrical outlets.
(3)
Carpets
shall be closely woven, of short nap and kept clean and in good repair.
All carpets and carpeted areas shall be vacuumed daily and shampooed
as needed. Carpet use is prohibited in restrooms and kitchens.
(c)
Sanitation
control measures for fixtures and facilities.
(1)
All
toilet fixtures and facilities shall be installed and maintained in
accordance with the adopted city plumbing code.
a.
Commodes
and urinals shall be located inside bathrooms and equipped so that
children are able to use them independently in accordance with the
city plumbing code. Bathroom doors must have no locks within the children’s
reach.
b.
Handicap
access and toilet facilities must be installed and maintained in accordance
with the city building code.
(d)
There
shall be at least one toilet and one handwashing lavatory for every
17 children.
(e)
There
shall be separately designated restrooms for male and female.
(f)
All
handwashing lavatories shall be provided with hot and cold water under
pressure, tempered by means of a mixing valve or combination faucet.
The facility must ensure that the temperature of hot water available
to children is no higher than 120 degrees 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.
(g)
Restroom
facilities shall be cleaned and sanitized at least once daily and
more often if necessary. Carpet use is prohibited in restrooms. Restrooms
shall be mechanically ventilated to control odors. Installation and
maintenance of mechanical vents shall be in accordance with the city
mechanical code.
(h)
All
toilets shall be equipped with open front toilet seats in accordance
with the adopted city plumbing code.
(i)
Each
sink shall be designated as a “single-purpose use” sink.
Combination fixtures, such as faucet/water fountains, are prohibited.
Each day care center shall have the following sinks:
(1)
There
shall be at least one handwashing lavatory in each restroom or immediately
adjacent to each restroom.
(2)
If
the facility has a diaper changing station, there must be a handwashing
lavatory in every room where there is at least one diaper changing
station.
(3)
If
the facility engages in food preparation, there must be a three-compartment
sink in the food preparation area.
(j)
The
source of potable water shall be from a public water supply, maintained
and operated according to Texas Department of Health Drinking Water
Standards. Water under pressure shall be provided in adequate supply
to meet the provisions of the Texas Department of Health Drinking
Water Standards.
(k)
All
sewage shall be discharged into a public sanitary sewer system.
(l)
All
refuse shall be kept in containers constructed and maintained of durable
material with tight fitting lids or covers, nonabsorbent and free
from leaks. All containers shall be kept covered when not in use.
A sufficient number of containers shall be available to hold all refuse.
Refuse shall be stored in clean areas, away from the children and
shall be inaccessible by flies, insects, rodents and other pests.
(m)
All
outer openings of a facility shall be protected against the entrance
of flies, insects, rodents and other pests by outward opening and
self-closing doors, closed windows, screens, or other effective means
of protection and control as approved by the regulatory authority.
(n)
Toxic
substances, both indoors and out, shall be inaccessible to children
at all times. All containers holding toxic substances shall be clearly
labeled to identify the toxic substance contents.
(o)
All
toxic substances shall be dispensed and used in such a manner so as
to prevent the toxic substance from constituting a hazard to the children
or staff.
(p)
In the
event that laundering is done on the premises, all clothes dryers
shall be vented to the exterior of the building in accordance with
the adopted city mechanical code.
(q)
In all
day care centers, all light fixtures shall either be properly shielded
or shall contain only shatterproof light bulbs. At least 50 footcandles
of light shall be provided in all areas of any room to which children
have access.
(Ordinance 1524, 3-26-02)
(a)
General
requirements:
(1)
All
equipment, materials and furnishings shall be of sturdy and safe construction,
easy to clean, free of sharp points or corners, splinters, protruding
nails, loose rusty parts, and paint which contains lead or other poisonous
materials.
(2)
Each
child shall be provided with individual storage space for personal
belongings.
(3)
Sleeping
space and play areas may be used interchangeably so long as adequate
space for orderly storage of cots, bedding and play equipment is provided.
All cots, cribs and mats shall be maintained in a safe and sanitary
manner. Hand contact areas of cribs shall be sanitized daily. Each
child shall have his or her own sleeping apparatus, which shall be
placed in such a manner so as to allow at least one foot of open space
on all sides of the apparatus except where such apparatus is adjacent
to a wall or partition.
(4)
Individual
cribs, portable cribs or playpens used for sleeping shall be of safe
and sturdy construction and equipped with mattresses covered with
waterproof material that can be cleaned. Crib sides shall have secure
latching devices. Vertical slats on cribs shall not be spaced more
than two and one-half inches apart. There shall be no more than one
and one-half inches of space between the mattress and bed frame when
the mattress is pushed flush to any one corner of the crib.
(5)
Linens
shall be laundered at least once per week and more often if necessary.
Linens shared by children shall be laundered after each use. Linens
used exclusively by one child shall be stored separately from those
of other children.
(b)
Isolation
area:
(1)
All
day care centers shall provide an isolation area or room for the use
and comfort of any child who becomes ill or is injured while at the
facility. While the isolation area or room is in use by an ill or
injured child, the area or room must be kept free of other children.
(c)
Diapering
and toileting:
(1)
Infants
and toddlers shall be diapered at a diaper station which is in a central
diapering area on a sanitized surface.
(2)
Diaper
changing stations shall be located adjacent to handwashing lavatories
equipped with hot and cold water through mixing faucets as required
in the adopted city plumbing code and supplied with soap and disposable
towels. Hands of the diapered child and persons changing the diaper
shall be washed before and after each diaper change. The surface of
all diapering areas shall be sanitized after each use.
(3)
Disposable
diapers, once used, shall be placed in a cleanable container with
a tight fitting lid. The container shall be lined with a moisture-proof
disposable liner which may not be reused. When the container is full,
the liner and the used diapers shall be removed to a clean area, away
from the children, and shall be inaccessible by flies, insects, rodents,
and other pests. Cloth diapers, once used, shall be laundered or removed
from the facility daily.
(4)
Diaper
changing stations shall be used only for the purpose of diaper changing.
(5)
Use
of crib or floor as diaper changing station is prohibited.
(d)
Feeding:
(1)
A
child’s hands shall be washed immediately prior to and immediately
after consuming any food or beverage.
(2)
Food
and beverages shall be served in separate containers for each infant
or child. Food and beverages shall not be served directly to a child
from the original container, unless it is a single portion, single-use
container. Once served to a person, portions of leftover food or beverages
shall not be served again, except that packaged foods or beverages,
other than potentially hazardous food, that are still packaged and
are still in sound condition, may be reserved.
(3)
Bottled
infant formula shall be properly capped when not in use and shall
be identified with the child’s name. Formula, once prepared
or opened, shall be refrigerated. Any formula prepared but not utilized
on the day it is opened or mixed shall be discarded at the end of
that day.
(Ordinance 1524, 3-26-02)
General requirements shall be as follows:
(a)
Exterior
premises shall be well-drained and maintained free of high grass,
poisonous plants, and pest harborages and breeding sites.
(b)
Exterior
premises shall be free from cisterns and cesspools, and from unprotected
wells, grease traps, utility equipment, nuisances, and any other object
or condition which may be hazardous to children.
(c)
Outdoor
play areas shall be surrounded by a fence. The fence shall be so constructed
as not to have openings, holes or gaps larger than four inches in
any dimension except for doors and gates; and if a picket or iron
fence is erected or maintained, the horizontal dimension shall not
exceed four inches. The fence shall have at least two exits. An entrance
to the building may count as one exit, but one exit must be away from
the building. Such fence shall comply with provisions of the zoning
ordinance and other applicable city codes and ordinances.
(d)
Playground
equipment constructed with protruding nails, screws, sharp edges,
splinters (rough, unsanded wood or other materials) and toxic paints
(e.g., lead-based paints) is strictly prohibited.
(e)
All
playground equipment shall be securely assembled and, where applicable,
securely anchored with unexposed anchors. Such equipment shall be
installed, situated, and maintained so as to prevent accidents and
collisions.
(f)
Swimming
and wading pools more than 24 inches deep shall be enclosed by a fence
no less than six feet in height which has a self-closing, self-locking
gate. When a swimming or wading pool is not in use, it must be kept
out of the reach of children.
(g)
A minimum
free residual chlorine of 1.0 part per million units of water shall
be maintained in every swimming pool and wading pool when in use.
No water in any swimming pool or wading pool when in use shall be
permitted to show an acid reaction to a standard pH test.
(h)
All
pool chemicals and equipment shall be stored in a place and manner
which are at all times inaccessible to children.
(Ordinance 1524, 3-26-02)
The building official shall have the authority and responsibility
to enforce the provisions of this article and applicable state statutes
regarding day care centers.
(a)
Health
services shall have the authority to inspect or visit all day care
centers at all reasonable times and as is determined 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)
Health
services 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. If a day care center
is found to be in operation without a day care permit, health services
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. Health services may
permit the day care center to remain in operation with the provision
that the facility obtain a day care permit within a reasonable time,
but said reasonable time may not exceed 30 days.
(c)
Health
services shall have the authority after giving written notice to suspend
the day care permit if it ascertains any violation causing immediate
danger to a child regarding: Construction of the facility and on-premises
buildings, restrooms, 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 permit 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 permit.
(d)
Health
services shall have the authority to revoke any permit if they ascertain
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)
Health
services, 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, health services shall give notice in writing to
the owner of the day care center that the permit 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 permit 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 duly authorized
agent shall file with the office of health services 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.
(4)
The
hearings provided for in this chapter shall be conducted by the city
manager who will designate the time and place for the hearing. Based
upon the recorded evidence of such hearings, the city manager shall
make a finding and shall sustain, modify or rescind any notice or
order considered in the hearing.
(e)
This
hearing shall be deemed to exhaust the administrative remedies of
the person aggrieved.
(Ordinance 1524, 3-26-02)
