(a)
The
purposes of this article are to ensure that:
(1)
Residents of boarding home facilities live in safe, sanitary, and
decent housing;
(2)
These residents are not abused, neglected, or exploited by the owners,
operators, or employees of boarding home facilities;
(3)
Adequate fire rescue and police personnel and vehicles are available
to serve these residents; and
(4)
The city can identify and facilitate appropriate responses for residents
who may require special assistance during an emergency or at any other
time.
(b)
The city is accomplishing those purposes by implementing standards for construction, maintenance, reporting, recordkeeping, education, and care for the protection of the health, safety, and welfare of residents of boarding home facilities. These standards are adopted pursuant to the authority granted under chapter 260 of the Texas Health and Safety Code and pursuant to the city’s home rule authority under article XI, section 5 of the Texas Constitution and the authority to license lawful businesses subject to the city’s police power granted by sections 54.004 and 215.075 of the Texas Local Government Code.
(c)
The
city council also intends that this article fully comply with the
Federal Fair Housing Amendments Act of 1988 (“FHAA”),
as amended, the Americans with Disabilities Act of 1990 (“ADA”),
as amended, and all other applicable state and federal legislation.
It is the express intent of the city council that this article be
construed in a manner consistent with the FHAA, the ADA, and all other
applicable state and federal legislation at all times.
(Ordinance 1970-14 adopted 2/18/14)
For purposes of this article, the following terms shall apply:
The negligent or willful infliction of injury, unreasonable
confinement, intimidation, or cruel punishment with resulting physical
or emotional harm or pain to a resident by the person’s caretaker,
family member, or other individual who has an ongoing relationship
with the person; or
Sexual abuse of a resident, including any involuntary or nonconsensual
sexual conduct that would constitute an offense under section 21.08
of the Texas Penal Code (indecent exposure), as amended, or chapter
22 of the Texas Penal Code (assaultive offenses), as amended, committed
by the person’s caretaker, family member, or other individual
who has an ongoing relationship with the person.
Any beverage containing more than one-half of one percent
of alcohol by volume, which is capable of use for beverage purposes,
either alone or when diluted.
The city’s zoning board of adjustment shall serve as
the appeals board for purposes of this article.
Assisting a resident by reminding the resident to take medication;
Opening and removing medications from a container;
Placing medication in a resident’s hand or in or on a
clean surface such as a medication reminder box; and
Reminding a resident when a prescription medication needs to
be refilled.
An establishment that furnishes, in one or more buildings, lodging
to three or more persons who are unrelated to the owner of the establishment
by blood or marriage;
Provides community meals, light housework, meal preparation,
transportation, grocery shopping, money management, laundry services,
or assistance with self-administration of medication but does not
provide personal care services to those persons; and
Is not listed in Section 3.2205 of this article.
A substance regulated under 21 C.F.R. section 1308, as amended.
A conviction in a federal court or a court of any state or
foreign nation or political subdivision of a state or foreign nation
that has not been reversed, vacated, or pardoned. “Conviction”
includes disposition of charges against a person by probation.
Designated by the city manager to enforce and administer
this article.
A significant risk to the health or safety of others that
cannot be eliminated by a modification of policies, practices, or
procedures, or by the provision of auxiliary aids or services.
The director of the department designated by the city manager
to enforce and administer this article and includes representatives,
agents, or department employees designated by the director.
Defined in 42 U.S.C. section 12102, as amended.
Any fire, natural disaster, collapse hazard, burst pipe,
leaking sewage, lack of working utilities, dangerous utilities, serious
police incident, or other condition that requires an immediate response
to prevent harm to the property, the occupants of the property, or
the public.
A person who performs caretaking duties or regularly works
in a boarding home facility.
The illegal or improper act or process of an owner, operator,
employee, caretaker, family member, or other individual who has an
ongoing relationship with the resident using the resources of a resident
for monetary or personal benefit, profit, or gain without the informed
consent of the resident.
An event that resulted in a change in a resident’s
physical or mental status that requires intervention by a private
or public entity responsible for medical or mental health services
or an event that requires the facility to take safety and protection
measures for the resident or others. This term includes, but is not
limited to, the following:
Person in whose name a boarding home facility license has been
issued;
Each individual listed as an owner or operator of the boarding
home facility on the application for a boarding home facility license;
Each individual who has an ownership interest in the corporation
or other legal entity owning or operating the boarding home facility,
regardless of whether the individual’s name or signature appears
on the boarding home facility license application; and
Each officer of the corporation or other legal entity owning
or operating a boarding home facility, regardless of whether the individual’s
name or signature appears on the boarding home facility license application.
Failure of a resident or licensee to provide goods or services,
including medical services that are necessary to avoid physical or
emotional harm or pain or the failure of a caretaker to provide such
goods or services.
Person in control of a boarding home facility.
Individual who has an ownership interest in a corporation
or other legal entity operating a boarding home facility or the owner
of the real property where a boarding home facility is located.
Assistance with meals, dressing, movement, bathing, or other
personal needs or maintenance;
The administration of medication by a person licensed to administer
medication or the assistance with or supervision of medication; or
General supervision or oversight of the physical and mental
well-being of a person who needs assistance to maintain a private
and independent residence in an assisted living facility or who needs
assistance to manage the person’s personal life, regardless
of whether a guardian has been appointed for the person.
Person who is residing in a boarding home facility.
(Ordinance 1970-14 adopted 2/18/14)
The director shall implement and enforce this article and may
by written order establish such rules, regulations, or procedures,
not inconsistent with this article or other city ordinances, rules,
or regulations, or any county, state, or federal laws or regulations,
as the director determines are necessary to discharge any duty under
or to effect the policy of this article.
(Ordinance 1970-14 adopted 2/18/14)
(a)
A person
commits an offense if he owns or operates a boarding home facility
in the city without a valid license issued under this article.
(Ordinance 1970-14 adopted 2/18/14)
This article does not apply to the following:
(1)
Home
and community support services licensed under chapter 142 of the Texas
Health and Safety Code, as amended.
(2)
Convalescent
and nursing homes and related institutions licensed under chapter
242 of the Texas Health and Safety Code, as amended.
(3)
Continuing
care facilities licensed under chapter 246 of the Texas Health and
Safety Code, as amended.
(4)
Assisted
living facilities licensed under chapter 247 of the Texas Health and
Safety Code, as amended.
(5)
Intermediate
care facilities for the mentally retarded licensed under chapter 252
of the Texas Health and Safety Code, as amended.
(6)
A person
that provides home health, hospice, or personal assistance services
only to persons enrolled in a program funded wholly or partly by a
state agency with jurisdiction over mental health and mental disability
and monitored by that state agency or its designated local authority
in accordance with standards set by that agency as set forth in chapter
142 of the Texas Health and Safety Code, as amended.
(7)
An establishment conducted by or for persons who have a sincere religious belief in providing facilities to care and treat the sick by depending exclusively on prayer or spiritual means for healing, without the use of any drug or material remedy, if the establishment complies with safety, sanitary, and quarantine laws and rules including Sections 3.2222, 3.2223, 3.2224, 3.2227(h), 3.2229, 3.2230, 3.2231, 3.2232, 3.2233, and 3.2234 of this article.
(8)
A hotel
as defined by section 156.001 of the Texas Tax Code, as amended.
(9)
A retirement
community as defined by section 11.18 of the Texas Tax Code, as amended.
(10)
A
monastery or convent.
(11)
A
child-care facility as defined by section 42.002 of the Texas Human
Resources Code, as amended.
(12)
A
family violence shelter center as defined by section 51.002 of the
Texas Human Resources Code, as amended.
(13)
A
college dormitory, fraternity, or sorority house associated with an
institution of higher education.
(Ordinance 1970-14 adopted 2/18/14)
To obtain a license to operate a boarding home facility, a person
must submit an application to the director on a form provided for
that purpose. The applicant must be the owner or operator of the boarding
home facility. If the owner or operator is not an individual, an authorized
officer or agent of the owner or operator must file the form. The
application must contain the following information before it is considered
to be complete:
(1)
The
name, street address, mailing address, email address, telephone number,
a legible copy of the driver’s license or other official state
or federal identification card, and date of birth of the applicant.
The street address may not be the address of the boarding home facility
unless the applicant actually resides fulltime at the boarding home
facility.
(2)
The
name, street address, mailing address, email address, telephone number,
a legible copy of the driver’s license or other official state
or federal identification card, and position of the authorized officer
or agent filing the form on behalf of the applicant, if the applicant
is not an individual. The street address may not be the address of
the boarding home facility unless the authorized officer or agent
actually resides fulltime at the boarding home facility.
(3)
The
form of business of the applicant; the name, street address, mailing
address, email address, telephone number, a legible copy of the driver’s
license or other official state or federal identification card, and
date of birth of a high managerial agent of the business; and, if
the business is a legal entity, such as a corporation or association,
a copy of the documents establishing the business.
(4)
The
street address and telephone number of the boarding home facility.
(5)
The name, street address, mailing address, email address, and telephone number of a person or persons to contact in an emergency as required by Section 3.2217 of this article.
(6)
Documentary
evidence of payment of ad valorem taxes, fees, fines, and penalties
owed to the city in connection with the boarding home facility.
(7)
The
names, street addresses, mailing addresses, email addresses, telephone
numbers, legible copies of the drivers’ licenses or other official
state or federal identification cards, and dates of birth of any owners,
operators, or employees of the boarding home facility other than the
applicant. The street address may not be the address of the boarding
home facility, unless the owner, operator, or employee actually resides
fulltime at the boarding home facility.
(8)
Completed
state or federal request and release forms authorizing the city to
obtain a criminal history report on each owner and operator of the
boarding home facility.
(9)
The
maximum number of residents that will reside at the boarding home
facility.
(10)
The
services to be offered or provided to the residents of the boarding
home facility.
(11)
A
list of disabilities of the residents.
(12)
If the boarding home facility has one or more residents who are recovering from an addiction to alcohol or a controlled substance but are not currently using alcohol or the controlled substance, a document that describes the applicant’s, owner’s, or operator’s plan for ensuring that the residents continue to refrain from using alcohol or the controlled substance, including all rules by which residents must abide, as required by Section 3.2234 of this article.
(13)
A
statement that, by filing the application, the applicant swears or
affirms under penalty of perjury that, to the best of the applicant’s
knowledge, all information contained in the application is true and
correct and that the application is complete and includes all information
required to be disclosed under this section.
(14)
Such
additional information as the applicant desires to include or that
the director deems necessary to aid in the determination of whether
the requested license should be granted.
(Ordinance 1970-14 adopted 2/18/14)
The licensee shall notify the director within 10 days after
any material change in the information contained in the application
for a license to operate a boarding home facility, including any change
in ownership or operation of the property and any new disabilities
served by the boarding home facility.
(Ordinance 1970-14 adopted 2/18/14)
(a)
The
fee for a license to operate a boarding home facility is $500.00.
(b)
No
refund of a license fee will be made.
(c)
An
applicant for a license may file an application with the director
seeking a waiver or reduction of the annual license fee if the boarding
home facility serves one or more persons with a disability and payment
of the fee would result in substantial financial hardship to the applicant.
The application must include the following information before it will
be considered complete:
(1)
The name, street address, mailing address, email address, telephone
number, a legible copy of the driver’s license or other official
state or federal identification card, and date of birth of the applicant.
(2)
The number of residents of the boarding home facility with a disability.
(3)
A list of the disabilities of the residents and the number of residents
with each disability.
(4)
The services provided by the boarding home facility to the residents.
(5)
An explanation of the nature and severity of the financial hardship
to the applicant if the fee were to be paid.
(6)
A copy of the balance sheets and income statements for the boarding
home facility, or equivalent documents, establishing the applicant’s
financial condition for the last three years in accordance with generally
accepted accounting principles, unless the boarding home facility
has been open for less than three years, in which case it must provide
a copy of those documents during the time the facility has been in
operation.
(7)
A statement that, by filing the application, the applicant swears
or affirms under penalty of perjury that, to the best of the applicant’s
knowledge, all information contained in the application is true and
correct and that the application is complete and includes all information
required to be disclosed under this article.
(8)
Such additional information as the applicant desires to include or
that the director deems necessary to aid in the determination of whether
the requested waiver or reduction should be granted.
(d)
The
director may waive or reduce the annual license fee if the director,
after reviewing the complete application, finds that the applicant
provides services to one or more persons with a disability and payment
of the fee would result in substantial financial hardship to the applicant.
(e)
An
applicant may appeal a decision of the director under this section
to the appeals board by filing a written notice with the director
within 10 days after the date of the decision of the director. The
appeals board shall hear and decide the appeal at its next available
meeting. The appeals board shall use the same standard required for
the director. The appeals board may affirm, reverse, or modify the
decision of the director. Appeal to the appeals board constitutes
the final administrative remedy.
(Ordinance 1970-14 adopted 2/18/14)
(a)
Upon
payment of all required fees and the submission of a complete application,
the director shall issue a license to operate a boarding home facility
to the applicant if the director determines that:
(1)
The applicant has complied with all requirements for issuance of
the license;
(2)
The applicant, owners, operators, and employees of the boarding home facility meet the criminal history qualifications of Section 3.2237 of this article;
(3)
The applicant, owners, operators, or employees of the boarding home
facility do not own or operate another licensed boarding home facility
in the city for which the license is currently suspended or has been
revoked;
(4)
The applicant has not made a false statement as to a material matter
in the application for a license;
(5)
The condition and use of the boarding home facility comply with the
zoning regulations in the city’s zoning ordinance, the building
regulations in this chapter that are applicable to the property, and
the standards in this article applicable to the property; and
(6)
The applicant, owners, and operators do not owe the city any ad valorem
taxes, fees, fines, or penalties.
(b)
If the director determines that the requirements of subsection (a) have not been met, the director shall deny the license.
(c)
If
the director determines that an applicant should be denied a license,
the director shall notify the applicant in writing that the application
is denied and include in the notice the reason for denial and a statement
informing the applicant of the right of appeal.
(Ordinance 1970-14 adopted 2/18/14)
(a)
The
director may suspend a boarding home facility license for a period
not to exceed 90 days if the director finds that the licensee or an
employee of the boarding home facility has:
(b)
A boarding
home facility for which the license has been suspended may not admit
any new residents during the time the license is suspended.
(c)
The
director shall send to the licensee by certified mail, return receipt
requested, a written statement of the reasons for the suspension,
the date the suspension is to begin, the duration of the suspension,
and the licensee’s right to appeal.
(d)
A licensee
whose license is suspended may not be granted a license to operate
additional boarding home facilities during the period of suspension.
(e)
A licensee
commits an offense if he operates or owns a boarding home facility
that admits new residents during the time that the suspension of the
license is in effect.
(Ordinance 1970-14 adopted 2/18/14)
(a)
Except as provided in subsection (b) below, the director shall revoke any license issued to operate a boarding home facility if the director determines that:
(1)
The licensee fails to meet the criminal history qualifications of Section 3.2237 of this article or employs a person at the facility who fails to meet the criminal history qualifications;
(2)
The licensee intentionally made a false statement as to a material
matter in the application or in a hearing concerning the license;
(3)
The licensee failed to pay a fee required by this article at the
time it was due; or
(b)
Before revoking a license under subsection (a), the director shall notify the licensee in writing by certified mail, return receipt requested, that the license is being considered for revocation. The notice must include the reason for the proposed revocation, action the licensee must take to prevent the revocation, and a statement that the licensee has 10 days to comply with the notice.
(c)
If, after 10 days from the date the notice required in subsection (b) was sent or delivered, the licensee has not complied with required actions listed in the notice, the director shall revoke the license and notify the licensee in writing of the revocation. The notice must include the reason for the revocation, and a statement informing the licensee of the right of appeal.
(d)
If
a license has been revoked, the licensee has 10 days to relocate the
residents of the facility and cease operations. An appeal of the revocation
does not suspend or toll this deadline.
(Ordinance 1970-14 adopted 2/18/14)
If the director denies issuance or renewal of a license or suspends
or revokes a license issued under this article, the action is final
unless the licensee files an appeal with the appeals board.
(Ordinance 1970-14 adopted 2/18/14)
(a)
A license
to operate a boarding home facility expires one year after the date
of issuance.
(b)
A licensee shall apply for renewal at least 30 days before the expiration of the license on a form provided by the director. The licensee shall update the information contained in the original license application required under Section 3.2206 of this article, or any subsequent renewals under this section, if any of the information has changed. The licensee shall sign a statement affirming that there is either no change in the information contained on the original license application and any subsequent renewal applications, or that any information that has been updated is accurate and complete.
(Ordinance 1970-14 adopted 2/18/14)
A license to operate a boarding home facility is not transferable
to another owner, operator, or location.
(Ordinance 1970-14 adopted 2/18/14)
(a)
The licensee shall maintain the records listed in subsection (b) at the boarding home facility to which the records pertain. The licensee shall make those records available for inspection by the director or a peace officer at reasonable times upon request for purposes of administering this article.
(b)
Records
that must be maintained by the licensee include, but are not limited
to:
(1)
Current records of ownership of the property where the boarding home
facility is located;
(3)
Records demonstrating compliance with applicable laws and regulations, as required by Section 3.2220;
(4)
Records documenting that each resident has received training on the emergency evacuation plan of the boarding home facility at least two times per calendar year, as required by Section 3.2229;
(5)
Records documenting that each resident was shown how to use all emergency exits from the facility within 24 hours of arrival at the facility, as required by Section 3.2229;
(6)
Records documenting injuries, incidents, and unusual accidents that involve residents, as required by Section 3.2234;
(7)
Records documenting any allegations of abuse, neglect, or exploitation of a resident, as required by Section 3.2234;
(8)
Financial records for each resident for which the licensee is the representative payee, as required by Section 3.2234;
(10)
Records documenting required in-service education of boarding home
facility staff;
(11)
Records documenting annual assessment and periodic monitoring of current residents to determine if residents are capable of self-administering medication and completing basic elements of personal care, as required by Section 3.2239;
(12)
A roll of current residents, including their date of arrival, assigned
room, and the name, address, and telephone number of the person or
entity that referred them to the facility;
(13)
A roll of former residents, including their date of departure, and
the name, address, and telephone number of the person or entity in
control of the residence to which they moved (if known); and
(14)
Any other records deemed necessary by the director for the administration
and enforcement of this article.
(c)
Except
as otherwise provided, a licensee shall maintain a record that concerns
a resident for three years after the resident no longer resides at
the boarding home facility.
(d)
Except
as otherwise provided, a licensee shall maintain a record that does
not concern a resident for three years.
(Ordinance 1970-14 adopted 2/18/14)
The licensee 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:
(1)
The
license issued under this article to operate the boarding home facility.
The license must be presented upon request to the director or to a
peace officer for examination.
(2)
A sign
prescribed by the director specifying how complaints may be registered
with the city.
(3)
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.
(4)
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.
(5)
A notice
in a form prescribed by the director that lists the name, location,
and contact information for:
(A)
The closest local public health services agency in the proximity
of the facility; and
(B)
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.
(Ordinance 1970-14 adopted 2/18/14)
(a)
The
licensee shall provide the director with the name, street address,
mailing address, email address, and telephone number of a person or
persons who can be contacted 24 hours a day, seven days a week in
the event of an emergency condition on the property where the boarding
home facility is located.
(b)
The
licensee shall notify the director within five days after any change
in the emergency response information.
(c)
The
licensee, or an authorized agent, must arrive at the property within
one hour after a contact person named under this section is notified
by a city employee or emergency response personnel that an emergency
condition has occurred on the property.
(Ordinance 1970-14 adopted 2/18/14)
A licensee commits an offense if he allows any ad valorem taxes,
fees, fines, or penalties owed to the city in connection with the
boarding home facility to become delinquent.
(Ordinance 1970-14 adopted 2/18/14)
(a)
Purpose.
The city, pursuant to the Fair Housing Amendments Act of 1988
(“FHAA”) 42 U.S.C. section 3601, et seq., as amended,
and the Americans with Disabilities Act of 1990 (“ADA”),
42 U.S.C. section 12101, et seq., as amended, intends to ensure that
all persons with a disability have an equal opportunity to use and
enjoy a dwelling by providing such persons with reasonable accommodations
in rules, policies, practices, and procedures promulgated under this
article. This section allows a person to seek relief from the enforcement
of any regulation contained in this article that would result in illegal
discrimination against the disabled.
(b)
Method
of Submitting a Request for a Reasonable Accommodation; Fees; Confidentiality.
(1)
A request for a reasonable accommodation may be submitted at any
time that the accommodation may be necessary to ensure equal access
to housing.
(2)
A request for a reasonable accommodation may be submitted by an individual
with a disability, the person’s representative, or a licensee
providing housing for one or more individuals with disabilities.
(3)
A request for a reasonable accommodation must be submitted in writing
to the director on the form provided by the department, or in the
form of a letter.
(4)
There is no fee for an application requesting a reasonable accommodation.
(5)
The city will retain any information identified by an applicant as
confidential in compliance with applicable law and will not disclose
the information unless required by law.
(6)
If an individual needs assistance in making a request for a reasonable
accommodation, the city will provide assistance to ensure that the
application process is accessible to the individual.
(c)
Application.
An applicant shall submit the following information before an
application for a reasonable accommodation is considered to be complete:
(1)
The applicant’s name, mailing address, street address, telephone
number, and email address.
(2)
The applicant’s relation to the individual or individuals with
a disability, if applicable.
(3)
The address of the property to which the requested reasonable accommodation
would apply.
(4)
Information substantiating that the individual who would obtain the
benefit of the reasonable accommodation is disabled.
(5)
The section or sections of this article from which a reasonable accommodation
is being requested.
(6)
A brief explanation of why the requested accommodation is necessary
for the individual or individuals with disabilities to have equal
access to housing.
(d)
Review
of Application by Director; Required Findings; Appeals.
(1)
Upon receipt of a complete application for a reasonable accommodation,
the director shall review the application and issue a written ruling
that grants, grants with conditions, or denies the application.
(2)
Before making a decision, the director may request an inspection
of the boarding home facility and the land on which it is located.
If the director makes such a request:
(3)
Before making a decision, the director shall consult with the city
attorney to determine whether the accommodation should be granted.
(4)
The director may impose reasonable conditions on any accommodation
granted consistent with the purpose of this article.
(5)
The written decision must be consistent with the FHAA and based on
a consideration of the following factors:
(A)
Whether the housing that is the subject of the request will be used
by one or more individuals with a disability.
(B)
Whether the requested accommodation is necessary to make specific
housing available to one or more individuals with a disability.
(C)
Whether the requested accommodation would impose an undue financial
or administrative burden on the city.
(D)
Whether the requested accommodation would require a fundamental alteration
in the nature of a city program or law.
(E)
The potential impacts of the requested accommodation on the applicant,
the other residents of the boarding home facility, and the surrounding
neighborhood.
(F)
Whether a failure to grant an accommodation would result in the property
having no economically viable use.
(G)
Whether there are alternative accommodations that are reasonable
and have an equal or less of an impact on the city, the applicant,
the other residents of the boarding home facility, and the surrounding
neighborhood.
(6)
The director shall issue a written decision within 20 business days
of receipt of a completed application, provided that the director
is able to issue a decision based on the information provided in the
original request. If the director deems it necessary to request additional
information from the applicant consistent with federal law, the director
shall contact the applicant in writing and specify the additional
information that is required. In the event that a request for additional
information is made, the 20-day period to issue a decision is stayed
until the applicant responds to the request.
(7)
All written decisions must explain in detail the basis of the decision
and notify the applicant of the right to appeal the director’s
decision to the appeals board.
(8)
If the director denies an application for a reasonable accommodation,
the action is final unless the applicant files an appeal with the
appeals board.
(Ordinance 1970-14 adopted 2/18/14)
(a)
Required
Inspections.
(1)
A boarding home facility must pass all required inspections.
(2)
The licensee shall keep a current file of reports and other documentation
on site that is needed to demonstrate compliance with applicable ordinances,
laws, and regulations. 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)
Licensing inspection.
(B)
Annual licensing renewal inspection.
(C)
Annual fire inspection.
(D)
Annual kitchen inspection for a boarding home facility that provides
meal preparation.
(E)
A gas pipe pressure test performed every three years by the local
gas company or a licensed plumber for a boarding home facility that
receives natural gas service.
(F)
Annual inspection of liquefied natural gas systems performed by an
inspector certified by the Texas Railroad Commission for a boarding
home facility with a liquefied natural gas system.
(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:
(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 license to operate a boarding home facility in accordance with Section 3.2210.
(d)
Reinspections.
Whenever a boarding home facility is inspected by the director
and a violation of this code 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 licensee shall pay:
(1)
To the director of code compliance $50.00 for each reinspection after
the first reinspection 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.
(Ordinance 1970-14 adopted 2/18/14)
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:
(1)
The
total number of boarding home facilities licensed by the city during
the preceding state fiscal year.
(2)
The
total number of boarding home facility applications for which licenses
were denied, including a summary of the causes for denial.
(3)
The
total number of boarding home facility licenses that were active on
August 31st of the preceding state fiscal year.
(4)
The
total number of residents housed in each boarding home facility reported.
(5)
The
total number of inspections conducted by the city at each boarding
home facility.
(6)
The
total number of licenses suspended or revoked as a result of an inspection.
(7)
A summary
of the outcome for any residents displaced by suspension or revocation
of a license.
(Ordinance 1970-14 adopted 2/18/14)
(a)
General.
Each licensee 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)
The city’s zoning ordinance.
(2)
This chapter (building regulations), as applicable.
(3)
The International Fire Code, with the adopted local amendments, and
any other applicable federal, state, or local fire codes and standards.
(4)
Federal, state, and local health and safety codes.
(5)
Federal and state accessibility regulations.
(c)
Interior
Doors.
An interior door to a living space, bedroom, bathroom,
or toilet room must fit the opening in which it is hung, be properly
equipped with hardware, and be maintained in good working condition.
Unless a resident has a disability that requires frequent check-ups
by others, a door with a locking device must be provided to provide
privacy to and protection of the resident.
(d)
Public
Pathways and Stairways.
A public pathway or stairway
in a building must maintain a minimum unobstructed width in accordance
with the Dallas Fire Code, as amended, and must be provided with a
convenient light switch controlling an adequate light system.
(e)
Windows
and Exterior Doors.
(1)
Every habitable room must have at least one window that can be easily
opened, or such other device as will ventilate the room.
(2)
Locks that can be easily opened manually from inside must be provided
on all exterior doors.
(3)
All windows must be capable of being opened without tools. Window
openings must meet the requirements of the city’s building regulations,
as applicable, for emergency egress.
(4)
The bottom of the window opening must be not more than 44 inches
above the floor.
(Ordinance 1970-14 adopted 2/18/14)
(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 60 square feet of floor space for each occupant.
(b)
Bed
Spacing.
Beds must be spaced at least three feet apart
when placed side-by-side or end-to-end.
(c)
Ceiling
Height.
A sleeping room must have a ceiling height of
at least seven feet, six inches (7'6").
(d)
Accessibility.
A sleeping room must provide accessibility for nonambulatory
residents and residents with conditions that substantially limit ambulation
or mobility.
(e)
Beds.
(1)
The licensee shall provide one bed for every resident. It is presumed
that the boarding home facility has one resident for every bed present
in the facility.
(2)
All beds must be at least six feet long and three feet wide.
(3)
The licensee shall equip all beds with a bed frame, supportive springs,
and a clean, unsoiled supportive mattress, all of which must be in
good condition.
(4)
The licensee shall equip all beds provided for nonambulatory residents
or residents with a mobility impairment or reduced bladder or bowel
function with mattress covers that prevent bodily fluids from soiling
the mattress.
(5)
More than two levels of stacked bunk beds are prohibited.
(6)
The clear space above the top of the lower mattress of a double decker
bunk bed and the bottom of the upper bunk must be at least 27 inches.
(7)
The distance from the top of the upper mattress to the ceiling must
be at least 36 inches.
(f)
Pillows
and Sheets.
(g)
Storage.
(1)
The licensee shall provide at least one chest of drawers in good
working condition, or its equivalent, for each resident. The chest
of drawers must contain a sufficient number of lockable drawers to
house all necessary items of clothing and personal belongings of a
resident.
(2)
The licensee shall provide sufficient space in each resident’s
room or closet for residents to hang up clothes that are not stored
in a chest of drawers.
(3)
Clothing may not be stored on the floor.
(h)
Personal
Hygiene Items.
The licensee shall provide bath towels,
washcloths, soap, combs or brushes, and toothbrushes at all times
in a quantity sufficient to meet the needs of residents.
(i)
Emergency
Exit.
Each sleeping room must provide access to an emergency
exit without passing through another sleeping room.
(j)
At
least one chair shall be provided in each sleeping room. A minimum
of one end table in good condition located adjacent to each bed in
each sleeping room shall also be provided.
(Ordinance 1970-14 adopted 2/18/14)
(a)
If
a boarding home facility has a resident who is nonambulatory or has
a mobility impairment:
(b)
The
licensee shall provide toilets, lavatories, and bathtubs or showers
at a ratio of one toilet, one lavatory, and one bathtub or shower
for each eight residents, or fraction of eight residents.
(c)
Toilets,
lavatories, and bathtubs or showers must be accessible to residents
without going outside of the building or without going through a sleeping
room of another resident.
(d)
The
licensee shall keep all bathroom facilities clean and in good repair.
(e)
The
licensee shall ensure that all bathroom facilities are well lighted
and ventilated.
(f)
The
licensee shall adequately supply all bathroom facilities with toilet
paper, soap, and hand towels.
(g)
The
licensee shall supply bathtubs and showers with nonslip surfaces and
curtains or other safe enclosures for privacy.
(Ordinance 1970-14 adopted 2/18/14)
A telephone that is connected to a landline 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 city’s police department, fire department, ambulance,
the director, 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.
(Ordinance 1970-14 adopted 2/18/14)
A washer or dryer:
(1)
Cannot
be located in the kitchen area; and
(2)
Must
be properly vented to the outside of the structure.
(Ordinance 1970-14 adopted 2/18/14)
(a)
A kitchen
must be accessible to each resident without going through a sleeping
room of another resident.
(b)
A kitchen
must have a food preparation area of at least six square feet that
is smooth, impermeable, free of cracks, and easily cleanable. This
surface area must not be primarily used for eating.
(c)
If
a boarding home facility has a kitchen without a dining area attached,
the licensee shall provide a separate dining area of 15 square feet
per resident. A kitchen with an attached dining area must be at least
100 square feet in area.
(d)
A kitchen
must contain a sink with at least two compartments for manual dishwashing.
(e)
A kitchen
must contain an operational cooking stove with at least two burners
fuelled by gas or electricity or an operational microwave oven.
(f)
A kitchen
must contain at least one cabinet with a minimum of five cubic feet
of storage space per resident, suitable for storage of food and utensils.
(g)
A kitchen
must be equipped with at least one electrical outlet suitable for
plugging in small kitchen appliances.
(h)
The
licensee shall keep the kitchen in a clean and sanitary condition.
(Ordinance 1970-14 adopted 2/18/14)
(a)
A dining
room must be accessible to residents without going through the sleeping
room of another resident.
(b)
The
minimum floor area for a dining room is 15 square feet per resident.
(c)
If
a boarding home facility provides community meals, the licensee shall
equip a dining room with one dining chair and two linear feet of dining
table space for each resident.
(Ordinance 1970-14 adopted 2/18/14)
(a)
The
licensee shall provide fire escapes and exits that are kept in good
repair and accessible at all times in accordance with the city’s
building and fire codes, as amended.
(b)
The
licensee shall implement a written fire and evacuation plan that sets
forth the responsibilities and steps to be taken by staff and residents
in the event of a fire or other emergency. If a boarding home facility
has a resident who is nonambulatory or has a mobility impairment,
the licensee shall submit the written plan to the city’s fire
department and obtain its approval of the plan.
(c)
The
licensee shall post an emergency evacuation plan in each sleeping
room and the kitchen of the facility.
(d)
The
licensee shall ensure that each resident receives training on the
emergency evacuation plan at least two times per year and shall maintain
documentation of such training.
(e)
Flammable
supplies and gasoline-operated maintenance equipment and lawn care
equipment must be stored in the garage of the facility or in a detached
storage shed.
(f)
The
licensee shall provide a sufficient number of accessible fire extinguishers
in accordance with the city’s fire code, as amended. The licensee
shall ensure that a person licensed to inspect fire extinguishers
inspects the fire extinguishers annually. The licensee shall ensure
the fire extinguishers are recharged when needed by a person licensed
to inspect fire extinguishers.
(g)
The
licensee shall provide a smoke alarm approved by the fire marshal
in each place in the facility required by the city’s fire code,
as amended. The licensee shall maintain a smoke alarm in good working
order.
(h)
If
a boarding home facility has a resident that is hearing impaired,
the licensee shall install and properly maintain a visual smoke alarm
that is capable of alerting a hearing impaired person of the presence
of fire or smoke in accordance with the city’s fire code, as
amended.
(i)
The
licensee shall install and properly maintain carbon monoxide detectors
near sleeping rooms in accordance with section 42.060 of the Texas
Human Resources Code, as amended.
(j)
The
licensee shall ensure that all residents are shown how to use all
emergency exits from the boarding home facility within 24 hours after
arrival at the boarding home facility. The licensee shall maintain
documentation of such training.
(k)
First-Aid
Supplies.
(1)
The licensee shall provide first-aid supplies that are equivalent
to the 16-unit first-aid kit that complies with the latest edition
of the American National Standards Institute (ANSI)/International
Safety Equipment Association (ISEA) standard Z308.1.
(2)
The licensee shall ensure that the first-aid supplies are readily
accessible to all the residents and inform the residents of the location
of the supplies.
(3)
The licensee shall provide one set of such supplies for each 50 persons,
or fraction of 50 persons, residing in the boarding home facility.
(Ordinance 1970-14 adopted 2/18/14)
If a boarding home facility uses well water, the licensee shall
supply the director with annual test results for water samples taken
from the water well from a laboratory accredited by the state under
the National Environmental Laboratory Accreditation Program. If the
sample results show coliform bacteria present, a resample must be
taken within seven days after receipt of the results. The licensee
shall supply results of testing the resample to the director within
seven business days of receipt.
(Ordinance 1970-14 adopted 2/18/14)
(a)
If
a boarding home facility provides laundry service or has laundry facilities
on site, all linens and laundry must be placed in a closed bag or
covered hamper before being transported to the laundry area.
(b)
If
a boarding home facility provides laundry service, all linens and
laundry must be properly identified to prevent loss.
(c)
Soiled
linens and laundry must not be sorted or processed in kitchens, food
preparation areas, or food storage areas.
(Ordinance 1970-14 adopted 2/18/14)
(b)
The
licensee shall prominently and distinctly label poisonous, toxic,
and flammable materials for easy identification of contents.
(Ordinance 1970-14 adopted 2/18/14)
(a)
General.
If a boarding home facility serves meals to one or more residents,
the licensee shall ensure the following:
(1)
All food and drink is clean and free from spoilage, pathogenic organisms,
toxic chemicals, and other harmful substances.
(2)
All food and drink is prepared, stored, handled, and served so as
to be safe for human consumption.
(3)
All food or drink subject to spoilage is maintained at a temperature
of 41 degrees Fahrenheit or below.
(4)
Hot foods that are ready to be served are maintained at 135 degrees
Fahrenheit or above at all times.
(5)
All food or drink stored in the freezer is maintained at a temperature
of no higher than 0 degrees Fahrenheit.
(6)
Alternative food selections are provided for residents on medically
prescribed diets.
(7)
A time schedule for meals is posted daily.
(8)
Meals are:
(A)
Nutritionally balanced and provide the U.S. Department of Agriculture
recommended daily allowance of vitamins, minerals, and calories;
(B)
Of sufficient quantity and quality to meet the nutritional needs
of residents; and
(C)
Served with not more than 14 hours between the beginning of the evening
meal and the beginning of the morning meal.
(9)
A valid food handler’s certificate issued under Section 6.803 of this code has been issued in the name of the licensee.
(10)
After each usage, all eating and drinking utensils are thoroughly
washed and sanitized in hot water containing a suitable soap or synthetic
detergent and rinsed in clean hot water. If a mechanical dishwasher
is used, dish detergent is required.
(b)
Animals
Prohibited.
With the exception of service animals for
persons with disabilities, birds, cats, dogs, or other animals are
not permitted in areas where food is prepared or stored, or where
utensils are washed or stored.
(Ordinance 1970-14 adopted 2/18/14)
(a)
Initial
Screening.
Before permitting a potential resident to
move into a boarding home facility, the licensee shall ask each potential
resident whether he or she:
(1)
Has the ability to comply with the requirements of being a resident
at the boarding home facility, including:
(A)
Paying rent or other fees in accordance with the service agreement
between the operator and the resident, unless the payment of rent
or other fees is excused under the service agreement or by law;
(B)
Complying with the rules for the boarding home facility established
by the licensee;
(C)
Paying for any damage to the boarding home facility caused by the
resident; and
(D)
Timely vacating the premises when the service agreement, including
any extension, expires or is terminated;
(2)
Is qualified to reside at the boarding home facility if the boarding
home facility is available only to persons with disabilities or to
persons with a particular type of disability;
(3)
Is currently an illegal abuser or addict of a controlled substance;
(4)
Is currently on probation or parole;
(5)
Is currently using any prescription drugs; or
(6)
Has been convicted of the illegal manufacture or distribution of
a controlled substance.
(b)
Individualized
Assessment.
(1)
Before allowing an individual to reside at a boarding home facility,
the licensee shall conduct an individualized assessment of that individual
to determine if the individual would constitute a direct threat. The
assessment must consider:
(2)
In the case of any resident or potential resident who has been convicted
of an offense requiring registration with any sex offender registry,
the individualized assessment must include a psycho-sexual evaluation
of such person performed by a duly licensed psychiatrist or an individual
having a PhD in psychology. The licensee shall be responsible for
determining whether any resident or potential resident has been convicted
of an offense requiring registration with any sex offender registry.
(3)
Prior to the occupancy of any boarding home facility and at least
quarterly thereafter, the licensee shall certify in a sworn affidavit
to the director that, based on the individualized assessment performed
for each resident, no person will or does reside in the boarding home
facility whose tenancy would likely constitute a direct threat to
the health or safety of that person or other individuals or whose
tenancy would result in substantial physical damage to the property
of others.
(c)
Persons
Who May Not Reside in a Boarding Home Facility.
The licensee
shall not allow the following individuals to reside at a boarding
home facility:
(1)
An individual convicted of the illegal manufacture or distribution
of a controlled substance.
(2)
An individual who, based upon an individualized assessment, is likely
to constitute a direct threat to the health or safety of the individual
or other individuals or whose tenancy would likely result in substantial
damage to the property of others.
(3)
An individual who requires the provision of personal care services
or other services that state law requires a license to provide.
(d)
Illegal
Drug Use.
(1)
All residents in a boarding home facility shall completely abstain
from using controlled substances. The licensee shall immediately expel
any resident who uses a controlled substance, whether on or off the
premises, and shall not readmit the resident to any boarding home
facility under the control of the licensee for a period of at least
60 days following the violation. However, nothing contained in this
subsection may be construed to prohibit a resident from taking a prescription
drug for which that resident has a valid and current prescription.
(2)
If the boarding home facility has residents who are recovering from
an addiction to a controlled substance, the licensee must develop
a written plan for ensuring that the residents continue to refrain
from using controlled substances, including any and all rules by which
residents must abide, and must provide such plan to the director at
his request.
(f)
Log.
If a resident is currently taking a prescription medication,
the licensee shall note whether the resident has taken, or been reminded
to take, his or her medication. Unless prohibited by law, the licensee
shall make copies of the log available to the director for inspection
upon request.
(g)
Injuries,
Incidents, and Unusual Accidents.
(1)
The licensee shall notify a resident’s legal guardian, resident’s
legally authorized representative, or a family member designated by
the resident, the legal guardian, or the legally authorized representative
of any injury, incident, or unusual accident involving the resident.
(2)
The licensee shall investigate and document on a form provided by
the director any injuries, incidents, or unusual accidents to a resident
by providing the following information:
(A)
The resident’s name.
(B)
The date and time the injury, incident, or unusual accident occurred.
(C)
Description of the injury, incident, or unusual accident.
(D)
Description of any medical or mental health treatment the resident
received.
(E)
Steps taken by the owner or operator to prevent future injuries,
incidents, or unusual accidents if a problem at the boarding home
facility resulted in the injury, incident, or unusual accident.
(F)
When the resident’s legal guardian, resident’s legally
authorized representative, or a family member designated by the resident,
the legal guardian, or the legally authorized representative was notified
about the injury, incident, or unusual accident.
(h)
Access
to Records.
Within one business day after a request by
a resident, the resident’s guardian, the resident’s legally
authorized representative, or a family member designated by the resident,
the legal guardian, or the legally authorized representative, the
licensee shall allow access to, and provide copies at a reasonable
cost of, the records documenting any injury, incident, or unusual
accident involving that resident. Upon request, the licensee must
explain how to examine the records.
(i)
Abuse,
Neglect, and Exploitation.
(1)
A licensee shall report any allegations of abuse, neglect, or exploitation
of a minor, an adult age 65 or older, or an adult with a disability
to the Texas Department of Family and Protective Services. Failure
to report suspected abuse, neglect, or exploitation of a minor, an
elderly adult, or an adult with a disability is a class A misdemeanor
under state law.
(2)
A licensee shall ensure that no resident is harassed, threatened,
or intimidated at any time for making a report of abuse, neglect,
or exploitation.
(3)
A licensee shall provide each resident with a copy of the definitions
of abuse, neglect, or exploitation as outlined in chapter 48 of the
Texas Human Resources Code, as amended.
(4)
A licensee shall allow law enforcement, emergency medical, and fire
personnel access to the boarding home facility when these professionals
are responding to a call at the boarding home facility.
(5)
An owner, operator, or employee may not refer a person to the boarding
home facility with which he is associated or to any other facility
if he knows or reasonably should know that the facility or its services
are not appropriate for the condition of the person being referred.
(6)
If the licensee or an employee has any medical or mental health professional
examine, diagnose, treat, or provide any other medical or mental health
services to a resident, the licensee or employee must provide the
resident with:
(A)
The name, business address, and telephone number of the person who
examined, diagnosed, treated, or provided any other service to the
resident;
(B)
A written explanation of the nature and results of the examination,
diagnosis, treatment, or other service; and
(C)
A copy of any prescription for any medicine.
(8)
Physical and Chemical Restraints.
(9)
Access.
(A)
A licensee shall allow a resident’s personal physician, nurse,
or other health care provider to have immediate access to the resident.
(B)
A licensee shall allow the relatives, the guardian, and the legally
authorized representative of a resident to have immediate access to
the resident during the boarding home facility’s visiting hours
unless the resident objects.
(j)
Conflicts
of Interests.
The purposes of this subsection are to
ensure both that residents have the right to manage their own affairs
or to choose someone they trust to manage their affairs for them and
that licensees and employees do not abuse their positions of power
and trust for their own private gain.
(1)
A licensee or employee of a boarding home facility shall not:
(A)
Borrow money from or loan money to residents;
(B)
Be a beneficiary of a current or former resident’s will or
life insurance;
(C)
Co-mingle a resident’s funds with the funds of the licensee,
employee, or another resident;
(D)
Employ a resident;
(E)
Go into business with a resident;
(F)
Serve as an employee or independent contractor of a resident;
(G)
Have sexual relations with a resident; or
(H)
Have a power of attorney for a resident’s affairs for any purpose.
(2)
It is a defense to prosecution:
(3)
No licensee or employee may be a representative payee for a resident
or assist a resident with general money management unless the resident,
the resident’s guardian, the resident’s legally authorized
representative, or a family member designated by the resident, the
legal guardian, or the legally authorized representative authorizes
in writing the licensee or employee to be a representative payee or
assist the resident with general money management.
(4)
If a licensee or employee becomes the representative payee for a
resident or assists a resident with general money management, the
licensee or employee shall do the following:
(A)
Maintain separate financial records for each resident for which the
licensee or employee is the representative payee for the entire period
of time the licensee or employee is the resident’s representative
payee and continue to maintain the resident’s records for one
year past the last calendar day the licensee or employee is the resident’s
representative payee.
(B)
Include in the records an itemized list of expenditures that the
licensee or employee has made on behalf of the resident, including
the charges that are assessed by the licensee or employee.
(C)
Maintain receipts for all expenditures in addition to the itemized
documentation.
(D)
Develop a budget with the resident outlining routine expenditures
and ensure that expenditures that are not routine are discussed with
the resident before the resident’s funds are expended.
(E)
Within one business day after receiving a request, allow the resident,
the resident’s guardian, the resident’s legally authorized
representative, or a family member designated by the resident, the
legal guardian, or the legally authorized representative access to
the resident’s financial records that are maintained by the
licensee or employee.
(k)
Service
Agreement.
(1)
A licensee shall develop a service agreement with each resident and
maintain a copy of the agreement signed by the resident, the resident’s
guardian, or the resident’s legally authorized representative.
The licensee shall give a copy of the signed agreement to the resident,
the resident’s guardian, or the resident’s legally authorized
representative.
(2)
The service agreement must specify the following:
(A)
The length of the contract.
(B)
The amount of rent charged and the date upon which rent is due.
(C)
If service is accepted in lieu of rent, the dollar amount the rent
is reduced per hour of service.
(D)
The amounts of other fees or fines charged, an explanation of what
those fees and fines are for, when they are charged, and why.
(E)
The party responsible for paying the monthly rent and other fees.
(F)
Any services to be provided or that could be provided by the boarding
home facility.
(G)
If the resident has a guardian, legally authorized representative,
or a family member designated by the resident, the legal guardian,
or the legally authorized representative, that person’s name,
address, email address, and telephone number.
(H)
The rules and regulations of the boarding home facility.
(I)
That a resident will be expelled if the owner or operator determines
that the resident:
(i)
Has used a controlled substance within the past 30 days without a
valid prescription;
(ii)
Has violated the rules of the boarding home facility if those
rules require the expulsion for the violation;
(iii)
Poses a direct threat to the health or safety of other individuals;
or
(iv)
Poses a direct threat of substantial damage to the property
of others.
(l)
If
the resident earns any income from the licensee or an employee of
the boarding home facility that exceeds the monthly rent owed, the
licensee or employee’s plan to allocate the income or system
of disbursement of that income.
(m)
Disclosure
of Charges and Fees to Resident.
No licensee or employee
may charge a resident for a service or item unless the licensee or
employee has previously disclosed in writing that providing the service
or item will incur an additional fee and the amount of that fee.
(n)
Visitors.
Operators, employees, and volunteers of the boarding home facility
shall not have visitors on the premises, except for visitation necessary
for the operation of the facility, for emergencies, or by family members
of an operator, employee, or a volunteer.
(Ordinance 1970-14 adopted 2/18/14)
(a)
Assistance
with self-administration of medication may be provided to an adult
resident who can identify his or her medication and knows when the
medication should be taken but requires assistance with self-administration.
Assistance with self-administration of medication may not be provided
to a minor.
(b)
Assistance
with self-administration of medication is limited to:
(1)
Reminding the resident to take medication;
(2)
Opening a container, removing medication from a container, and placing
medication in a resident’s hand or in or on a clean surface,
such as a pill cup or medication reminder box, for the resident’s
self-administration; and
(3)
Reminding the resident when a prescription needs to be refilled.
(c)
The
licensee shall remind a resident to take medication if the licensee
knows that the resident is required to take medication and needs assistance
with remembering to take the medication.
(d)
The
licensee shall store all residents’ medication in a locked area.
The licensee shall provide a central locked storage area or individual
locked storage areas at the boarding home facility for each resident’s
medication.
(1)
If the boarding home facility uses a central medication storage area,
a boarding home employee must be available to provide access at all
times and each resident’s medication must be stored separately
from other residents’ medications within the storage area.
(2)
If a resident’s medication requires refrigeration, the licensee
shall provide a refrigerator with a designated and locked storage
area or a refrigerator inside a locked medication room.
(3)
The licensee shall store medications labeled for “external
use only” separately within the locked area.
(e)
The
licensee shall ensure that poisonous substances are labeled and safely
stored within a locked area separately from medications.
(f)
If
a boarding home facility stores controlled substances, the licensee
shall adopt and enforce a written policy for preventing the diversion
of the controlled substances.
(g)
After
a resident ceases to reside in the boarding home facility, the licensee
shall properly dispose of any of the resident’s remaining medication
in accordance with applicable laws.
(Ordinance 1970-14 adopted 2/18/14)
(a)
Each
licensee and employee of a boarding home facility must be trained
on the following subjects prior to contact with residents or within
five days of beginning work, ownership, or management of the facility,
whichever is later:
(1)
Employer rules and policies.
(2)
Preventing, recognizing, and reporting abuse, neglect, and exploitation
of residents.
(3)
Residents’ rights, including all applicable rights from the
following:
(A)
Chapter 102 (rights of the elderly) of the Texas Human Resource Code,
as amended.
(B)
Chapter 112 (developmental disabilities) of the Texas Human Resource
Code, as amended.
(C)
Chapter 301 (fair housing practices) of the Texas Property Code,
as amended.
(D)
Chapter 92 (residential tenancies) of the Texas Property Code, as
amended.
(4)
Policies and procedures for contacting emergency personnel when health
or safety of a resident or another individual is at risk.
(5)
Complaint process specific to the city and the boarding home facility.
(6)
Assisting residents with self-administration of medication.
(7)
Prevention, recognition, and reporting of injuries, incidents, and
unusual accidents to residents and others in the boarding home facility.
(8)
Emergency, evacuation, and disaster plans.
(9)
Assisting residents with obtaining health and social services.
(10)
Services provided by the boarding home facility, including:
(b)
Each
licensee and employee of a boarding home facility must be trained
on the following subjects:
(1)
Updates and changes in any policies and procedures within 10 days
after the licensee or employee becomes aware of the change.
(2)
Orientation specific to the needs of each new resident within three
business days of the resident moving into the facility.
(3)
Orientation specific to the needs of a resident whose needs have
changed due to injury, illness, hospitalization, or other circumstances
that effect the resident’s needs within one day after licensee
or employee becoming aware of the change.
(Ordinance 1970-14 adopted 2/18/14)
(a)
A person
may not own or operate a boarding home facility or be employed in
a position the duties of which involve direct contact with a resident
in a boarding home facility before the 10th anniversary of the date
the person is convicted of any of the following offenses:
(1)
Sections 481.112, 481.1121, 481.1122, 481.113, 481.114, 481.122,
Texas Health and Safety Code (illegal manufacture or delivery of a
controlled substance), as amended.
(2)
Chapter 19, Texas Penal Code (criminal homicide), as amended.
(3)
Chapter 20, Texas Penal Code (kidnapping and unlawful restraint),
as amended.
(4)
Section 21.02, Texas Penal Code (continuous sexual abuse of young
child or children), as amended, or section 21.11, Texas Penal Code
(indecency with a child), as amended.
(5)
Section 22.011, Texas Penal Code (sexual assault), as amended.
(6)
Section 22.02, Texas Penal Code (aggravated assault), as amended.
(7)
Section 22.04, Texas Penal Code (injury to a child, elderly individual,
or disabled individual), as amended.
(8)
Section 22.041, Texas Penal Code (abandoning or endangering child),
as amended.
(9)
Section 22.08, Texas Penal Code (aiding suicide), as amended.
(10)
Section 25.031, Texas Penal Code (agreement to abduct from custody),
as amended.
(11)
Section 25.08, Texas Penal Code (sale or purchase of a child), as
amended.
(12)
Section 28.02, Texas Penal Code (arson), as amended.
(13)
Section 29.02, Texas Penal Code (robbery), as amended.
(14)
Section 29.03, Texas Penal Code (aggravated robbery), as amended.
(15)
Section 21.08, Texas Penal Code (indecent exposure), as amended.
(16)
Section 21.12, Texas Penal Code (improper relationship between educator
and student), as amended.
(17)
Section 21.15, Texas Penal Code (improper photography or visual recording),
as amended.
(18)
Section 22.05, Texas Penal Code (deadly conduct), as amended.
(19)
Section 22.021, Texas Penal Code (aggravated sexual assault), as
amended.
(20)
Section 22.07, Texas Penal Code (terroristic threat), as amended.
(21)
Section 33.021, Texas Penal Code (online solicitation of a minor),
as amended.
(22)
Section 34.02, Texas Penal Code (money laundering), as amended.
(23)
Section 35A.02, Texas Penal Code (Medicaid fraud), as amended.
(24)
Section 42.09, Texas Penal Code (cruelty to animals), as amended.
(25)
Chapter 31, Texas Penal Code (theft), as amended, that is punishable
as a felony.
(26)
Section 30.02, Texas Penal Code (burglary), as amended.
(27)
The laws of another state, federal law, or the Uniform Code of Military
Justice for an offense containing elements that are substantially
similar to the elements of an offense listed in this subsection.
(b)
A person may not own or operate a boarding home facility or be employed in a position the duties of which involve direct contact with a resident in a boarding home facility before the fifth anniversary of the date the person is convicted of any felony offense not listed in subsection (a) or any of the following nonfelony offenses:
(1)
Section 22.01, Texas Penal Code (assault), as amended, that is punishable
as a class A misdemeanor.
(2)
Section 32.45, Texas Penal Code (misapplication of fiduciary property
or property of a financial institution), as amended, that is punishable
as a class A misdemeanor or a felony.
(3)
Section 32.46, Texas Penal Code (securing execution of a document
by deception), as amended, that is punishable as a class A misdemeanor
or a felony.
(4)
Section 37.12, Texas Penal Code (false identification as peace officer),
as amended.
(5)
Section 42.01(a)(7), (8), or (9), Texas Penal Code (disorderly conduct
involving a firearm), as amended.
(6)
The laws of another state, federal law, or the Uniform Code of Military
Justice for an offense containing elements that are substantially
similar to the elements of an offense listed in this subsection.
(c)
The
licensee shall ensure that all employees (including volunteers who
are not residents) have had a background check of conviction records,
pending charges, and disciplinary board decisions completed within
the past two years, and is repeated every year thereafter, and that
the individual is not disqualified under this section. The owner or
operator shall immediately discharge any employee or volunteer whose
criminal history reveals conviction of a crime that bars employment
or volunteer service at a boarding home facility.
(Ordinance 1970-14 adopted 2/18/14)
(a)
If
a boarding home facility allows an individual who has an impairment
due to the illegal abuse of or addiction to a controlled substance
to be a resident, the licensee and all employees and volunteers (other
than residents) shall not have used a controlled substance within
the previous year without a prescription from a licensed professional.
(b)
All
operators, employees, and volunteers of a boarding home facility shall
completely abstain from illegally using controlled substances. The
licensee shall immediately remove from the premises of the boarding
home facility any owner, operator, employee, or volunteer who illegally
uses a controlled substance, whether on or off the premises, and shall
not allow that person to enter the premises of any boarding home facility
under the control of the owner or operator for a period of at least
one year following the violation. However, nothing contained in this
subsection shall be construed to prohibit an operator, employee, or
volunteer from taking a prescription drug for which that person has
a valid and current prescription.
(c)
The
licensee shall immediately remove from the premises of a boarding
home facility any owner, operator, employee, or volunteer who currently
abuses alcohol, whether on or off the premises, such that the abuse
of alcohol prevents that person from performing his or her job duties,
if any, at the boarding home facility or who, by reason of such current
alcohol abuse, constitutes a direct threat to the property or safety
of others.
(d)
If the licensee removes a person from the premises of a boarding home facility under subsection (c), the licensee shall not allow that person to reenter the premises of any boarding home facility under the control of the owner or operator until that person is able to perform his or her job duties, if any, at a boarding home facility and does not constitute a direct threat to the property or safety of others.
(Ordinance 1970-14 adopted 2/18/14)
(a)
The licensee, or a designee of the licensee, shall complete and document an annual assessment and conduct periodic monitoring to ensure that each resident is capable of self-administering medication and completing basic elements of personal care as listed in subsections (b) and (c) below. The assessment will be used as a tool to determine if the needs of the resident can be provided by a boarding home facility or if the resident needs personal care services or medication administration that cannot be provided by the boarding home facility. The initial assessment of a resident must be completed within 30 days after the date the resident began residing at the facility.
(b)
Elements
of the self-administration of medication to be assessed include the
ability to perform each of the following tasks with little assistance:
(1)
Identifying the name of the medication.
(2)
Providing a reason for the medication (the owner or operator cannot
force the resident to disclose a health condition that is the basis
for the medication if the resident refuses).
(3)
Distinguishing color or shape.
(4)
Preparing the correct number of pills (dosage).
(5)
Confirming the time to take medications.
(6)
Reading labels.
(d)
As a result of an assessment, if a licensee finds that a resident is in a state of possible self-neglect due to no longer being able to perform basic elements of personal care as listed in subsection (c) and believes that a higher level of care is needed, the owner or operator shall:
(1)
Contact the Texas Department of Family and Protective Services by
phoning the statewide intake division at 1-800-252-5400;
(2)
Notify the resident’s guardian or legally authorized representative;
(3)
Notify a family member designated by the resident, the legal guardian,
or the legally authorized representative; and
(4)
Contact the appropriate health or human services authority to advise
that the resident requires services beyond what can be provided by
the boarding home facility.
(e)
A state
of self-neglect does not exist if the resident receives outside professional
services that meet the resident’s need for personal care or
self-administration of medication. In these cases, the resident can
remain in the boarding home facility provided that all needs for personal
care and self-administration of medication are met.
(Ordinance 1970-14 adopted 2/18/14)
(a)
A person
who violates any provision of this article, or who fails to perform
a duty required by this article, commits an offense.
(b)
A licensee,
employee, or other person in control of a boarding home facility commits
an offense if he or she knowingly operates an unsafe facility that
represents an immediate threat to the health or safety of a resident,
including a situation that has caused, or is likely to cause, serious
injury, harm, impairment, or death to a resident.
(d)
A separate
offense occurs each day or part of a day that the violation is committed,
continued, or permitted.
(e)
Emergency
Closing Order.
(1)
If the director finds a boarding home facility operating in violation
of the standards prescribed by this article and the violations create
an immediate threat to the health and safety of a resident in the
facility, the director may order immediate closing of all or part
of the facility.
(2)
The order of immediate closure under subsection (1) above is effective immediately on providing written notice of the order to the owner or operator by facsimile, email, or hand delivery.
(3)
The order of closure of all or part of a boarding home facility is
valid for 10 days after its effective date.
(4)
If the licensee does not promptly relocate the residents of the boarding
home facility upon receiving the order of closure for that facility,
the city shall provide for the relocation of those residents. If possible,
the city will relocate those residents to a boarding home facility
in the city for which there is a current valid license. The relocation
may not be to a facility with a more restrictive environment unless
all other reasonable alternatives are exhausted. The director is authorized
to seek to recover the cost of relocating the residents from the owner
and operator of the closed facility.
(5)
The director and the appeals board shall expedite any hearing or
decision involving an emergency closing order issued under this section.
(f)
The
city attorney may petition a district court or a county court at law
for civil penalties and for injunctive relief to restrain a continuing
violation of the standards or licensing requirements for a boarding
home facility under this article if the violation creates an immediate
threat to the health or safety of the facility residents.
(g)
The
remedies and procedures in this section and in other laws are cumulative
law, and the use of any particular remedy or procedure does not prevent
the enforcement of any other law.
(Ordinance 1970-14 adopted 2/18/14)
