Editor's note—Former Ch. 13 pertained to similar subject matter and derived from Ordinance 8648, 6/1/2006; Ordinance 2011-9268, 7/21/2011; Ordinance 2013-9477, 7/11/2013; Ordinance 2014-9592, 6/26/2014; Ordinance 2015-9696, 6/18/2015; Ordinance 2016-9819, 6/9/2016; Ordinance 2017-9948, 6/8/2017; and Ordinance 2018-10087, 7/19/2018.
Certain documents, copies of which are on file in the office of the city secretary of the city, being marked and designated as Texas Administrative Code, Title 26 - Health and Human Services, Part 1 - Health and Human Services Commission, Chapter 746 - Minimum Standards for Child-Care Centers, and Chapter 747 - Minimum Standards for Child-Care Homes, as may be subsequently amended, are hereby adopted as the Child-care Code for the City of Irving, in the State of Texas; for the control of commercial and home childcare facilities as herein provided; and that each and all regulations, provisions, penalties, conditions, and terms of said minimum standards are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter. This chapter also includes additional requirements of the city which do not conflict with and are in harmony with the state law.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
Child
means an infant, a toddler, a pre-kindergarten age child, or a school-age child.
Child-care center
means a facility that is licensed to care for seven (7) or more children for less than twenty-four (24) hours per day, at a location other than the permit holder's home. If the center was licensed before September 1, 2003, the location of the center may be in the permit holder's home.
Child-care facility
means a facility that provides assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility for all or part of the twenty-four-hour day, whether or not the facility is operated for profit and whether or not it charges for the services it offers. This term includes both child-care centers and child-care homes. It does not include youth programs operated by the city.
Child-care home
means a facility that is registered or licensed to care for twelve (12) or fewer children in the caregiver's own home for less than twenty-four (24) hours per day.
City
means the City of Irving.
City manager
means the city manager of the City of Irving or his or her designee.
Department
means the health division of the city inspections department.
Director
means the director of the health division of the city inspections department or his or her designee.
Fire marshal
means the city fire marshal and his or her designees.
Parent's day out program
means a child-care facility program that is operated no more than two (2) days in any seven-day period and no more than twelve (12) hours in any seven-day period. For purposes of this chapter and compliance with its provisions, it shall be considered a commercial child-care facility.
Permit
means the certificate issued by the department that documents operating authority for a childcare facility operating in the city.
Person
means any individual, corporation, association, partnership, joint venture, or other entity.
Person in charge
means the director of the child-care facility or the designated representative of the child-care facility.
Youth programs operated by the city
means after school program sponsored and staffed by the city parks and recreation department which operates only during the school year and only after school on school days for children five (5) to thirteen (13) years of age.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
(a) 
A person may not own, operate, administer, manage, direct, advertise, or control a child-care facility in the city without a valid permit issued by the inspections department.
(b) 
The requirement for a city permit shall apply to:
(1) 
Child-care facilities that are subject to licensing, listing, or registration for child-care by the state in accordance with chapter 42 of the Human Resources Code;
(2) 
Parent's day out facilities operating in the city; and
(3) 
City operated youth programs.
(c) 
It is an affirmative defense to this section that the facility has a current written waiver or variance granted by the appropriate state agency.
(d) 
A permit is not transferable from one (1) owner to another or from one (1) facility location to another and is void if an attempt has been made to so transfer it.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
(a) 
Any person applying for a child-care facility permit shall submit the following to the inspections department:
(1) 
A completed application on a form provided by the department;
(2) 
A copy of the facility's current license, registration, or listing authorizing the applicant to operate, own, administer, or manage the child-care facility; or proof that application for state license, registration, or listing has been submitted and accepted if the facility is required to be licensed, registered, or listed by the state;
(3) 
A copy of each variance granted the facility by the state;
(4) 
For child-care centers:
a. 
An application for a certificate of occupancy;
b. 
A copy of the facility director's certification from the State of Texas;
c. 
Documentation of state licensed capacity.
(5) 
A nonrefundable sixty dollar ($60.00) application fee for child-care facilities, plus, for state licensed commercial child-care centers, one dollar and twenty cents ($1.20) for each child the center is licensed to serve.
(b) 
The director shall review the documents submitted and may issue a permit after all required inspections are completed and approved.
(c) 
The owner or operator of a facility shall provide the department documentation of any change to the information required by subsection (a) within ten (10) days of that change.
(d) 
The child-care facility permit is valid for one (1) year from the day it was issued unless revoked before that time.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
(a) 
An owner must renew his or her permit by submitting the following to the inspections department prior to the expiration of the city issued child-care facility permit:
(1) 
A completed application for renewal or a renewal letter as received from the inspections department;
(2) 
A nonrefundable sixty dollar ($60.00) application fee for child-care homes, parent's day out programs, and commercial child-care centers plus, for state licensed commercial child-care centers, one dollar twenty cents ($1.20) for each child the center is licensed to serve; and
(3) 
Any updated information regarding the director of the child-care center (new director information if director has changed in previous twelve (12) months).
(b) 
Failure to pay any fees associated with renewal by the permit's expiration date shall result in additional fees as follows:
(1) 
If the regulatory authority has not received the fee for a permit renewal within fourteen (14) days after the expiration date of the permit to be renewed, the owner shall be responsible for a fifty dollar ($50.00) late payment.
(2) 
If the regulatory authority has not received the fee for a permit renewal within thirty (30) days after the expiration date of the permit to be renewed, the owner shall be responsible for a late fee payment of one hundred dollars ($100.00).
(c) 
Failure to comply with this section shall result in a delinquent permit. Operating a child-care facility with a delinquent permit shall constitute a violation of this chapter.
(d) 
Any permit delinquent for more than thirty (30) days may be suspended or revoked.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
(a) 
The director may suspend or revoke a child-care facility's city permit for violation of this chapter and any other applicable law.
(b) 
The director may reinstate any suspended permit once a facility is brought into compliance with all applicable regulations.
(c) 
The director shall revoke a child-care facility's city permit if their required state permit is revoked by the state.
(d) 
The child-care facility owner, operator, manager, administrator, or director may seek reinstatement of a revoked child-care facility's city permit by reapplying for a child-care facility permit.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
(a) 
The owner, operator, administrator, or director of a child-care facility may request reconsideration of a decision to deny or revoke a permit to the director of the inspections department by filing a written appeal to the inspections department within seven (7) days of the notice of decision.
(b) 
As soon as practicable after receiving the written appeal, the director shall establish a date, time, and place for the hearing of the appeal. Written notice of the date, time, and place of the hearing may be given to each appellant by the director either by causing a copy of the notice to be delivered to the appellant personally or by mailing a copy to the appellant at the address or email address shown on the written appeal, or if none, to the address shown on the last issued license.
(c) 
Failure of any person to file an appeal in accordance with the provisions of this chapter is a waiver of his or her right to a hearing by the director and the decision shall be final.
(d) 
A decision to deny or revoke a permit is stayed pending appeal.
(e) 
The director's decision after the appeal hearing shall be final.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
(a) 
Inspections of child-care facilities will be conducted on an annual basis or as deemed necessary by the health division of the inspections department.
(b) 
City inspectors may make any inspection, survey, or investigation that they consider necessary and may enter the premises of a child-care facility at reasonable times to make an inspection, survey, or investigation.
(c) 
City inspectors are entitled to access the books, records, and other documents maintained by or on behalf of an institution to the extent necessary to enforce this chapter or any other state, local, or federal law.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
(a) 
All permit holders shall comply with the provisions of these rules including the adopted State of Texas' Minimum Standards for Child-care Centers and Child-care Homes;
(b) 
All permit holders shall maintain compliance with all other applicable city codes, including, but not limited to, the following:
(1) 
Chapter 18 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas - Food and Food Establishments;
(2) 
Chapter 36 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas - Public Swimming Pools and Spas; and
(3) 
Chapter 17 of the Land Development Code of the City of Irving, Texas - Fire Protection.[1]
[1]
Editor's note—See Ch. 17C of the Land Development Code.
(c) 
Failure to comply with the requirements of this section may result in the suspension or revocation of the child-care permit.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
(a) 
The owner, operator, administrator, or director of each child-care facility required to be licensed, registered, or listed by the state shall display all postings required by the Texas Health and Human Services Commission.
(b) 
The owner, operator, administrator, or director of each child-care facility shall display the current valid city issued child-care permit conspicuously near the main entrance of the facility at all times.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
The owner, operator, administrator, and director of each child-care center shall provide and pass a gas leak test every two (2) years for commercial and home child-care facilities.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
Each person in charge shall ensure that the child-care facility has at least one (1) off-street parking space for each ten (10) children the facility is permitted to serve at any one (1) time.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
(a) 
Each full and part-time staff member who works in a child-care facility shall provide evidence of a test indicating freedom from contagious tuberculosis within seven (7) working days of employment.
(b) 
Each child-care facility administrator shall keep the documents required by this section on file at the child-care facility and shall make them available to city personnel on demand.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)
(a) 
The purpose of youth program regulations is to provide childcare regulations for certain youth programs operated by the City of Irving in order to exempt said programs from the requirements of the Texas Human Resources Code.
(b) 
The following childcare regulations will be employed in the operation of certain youth programs operated by the City of Irving:
(1) 
Staffing ratios.
In a recreation center program the number of children may not exceed staff by a minimum ratio of one (1) staff per twenty (20) children five (5) years to thirteen (13) years of age. Children in the program will be divided into age groups.
(2) 
Staff qualifications.
Staff working in City of Irving parks and recreation programs must adhere to the personnel qualifications, which are required for the position. Job specifications will be available through the Human Resources Department. The two (2) levels of personnel to be utilized in the programs are: recreation specialist and part-time recreation leader. In accordance with the job qualifications staff will also:
a. 
Participate in staff orientation and training program.
b. 
Exhibit competency, good judgment, and self-control in working with children.
c. 
Relate to children with courtesy, respect, acceptance, and patience.
d. 
Not abuse, neglect, or sexually molest children.
e. 
Not have been convicted of any of the following offenses:
1. 
Felony or misdemeanor classified as an offense in the Texas Penal Code under Title 5 "Offenses Against the Person" or Title 6 "Offenses Against the Family."
2. 
Felony or misdemeanor classified as public indecency.
f. 
Must not have behavior or health problems that might endanger the health, safety, or wellbeing of children.
(3) 
Facility health and safety standards.
a. 
Nutrition.
Children may be encouraged but not required to eat.
b. 
Required postings.
1. 
Emergency evacuation and relocation plans shall be posted at each facility.
2. 
City childcare permit shall be posted in a conspicuous place.
c. 
Emergency communication.
The numbers for the following shall be posted:
1. 
Emergency medical services (911).
2. 
Law enforcement (911).
3. 
Fire department (911).
d. 
Enrollment information and other records shall be maintained and shall contain:
1. 
The child's name, birth date, home address, and the home telephone number.
2. 
Date of admission.
3. 
Name and address of parents and telephone numbers at which parents can be reached while the child is in care.
4. 
Names, drivers' license numbers, and telephone numbers of persons to whom the child may be released.
5. 
Completed parental field trip release form as needed.
e. 
Parental communication.
1. 
Staff shall immediately notify the parent or other person authorized by the parent when the child is injured or has been involved in any situation which placed the child at risk.
2. 
Staff shall notify parents or authorized persons of children in the facility when there is an outbreak of a communicable disease in the facility required to be reported to the county department of health. Staff must notify parents of children in a group when there is an outbreak of lice or other infestation in the group.
3. 
Staff shall notify parents regarding planned field trips.
f. 
Discipline and guidance.
1. 
Discipline and guidance of children must be consistent and based on an understanding of individual needs and development.
2. 
There shall be no harsh, cruel, or unusual treatment. Staff may not use corporal punishment and threats of corporal punishment are prohibited. Children shall not be shaken, bitten, hit, or have anything put in or on their mouth as punishment. Staff may not humiliate, yell at, or reject any child. The children shall not be subjected to abusive or profane language. The staff's punishment of any child shall not be associated with food. Staff may use brief, supervised separation from the group if necessary, but staff shall not place children in a locked room or in a dark room with the door closed.
g. 
Activities.
1. 
Activities appropriate to each child's developmental needs will be provided.
2. 
All children shall have time outdoors each day depending on weather conditions or program scheduling.
h. 
Physical health and well-being; illness, and injury.
1. 
Participants shall have and maintain immunizations in accordance with those required by the department of state health services for public school attendance according to age.
2. 
The City of Irving shall not be responsible for pre-existing medical conditions of participants who register in a municipal recreation program.
3. 
Parents shall be notified in cases of illness and injury.
4. 
An ill child will not be allowed to participate if one (1) or more of the following exists:
A. 
The illness prevents the child from participating comfortably in facility activities.
B. 
The illness results in a greater need for care than the staff can provide without compromising the health, safety, and supervision of the other children.
C. 
The child has any of the following:
(i) 
Oral temperature 100.4 degrees or greater; armpit temperature 99.4 degrees or greater; accompanied by behavior changes or other signs or symptoms of illness until medical evaluation indicates that the child can be included in the facility's activities.
(ii) 
Symptoms and signs of possible severe illness or other unusual signs until medical evaluation indicates that the child can be included in the facility's activities.
5. 
In the event an injury cannot be administered through basic first aid, staff shall notify paramedic.
(4) 
Monitoring and enforcement.
Standards of care established by the City of Irving will be monitored and enforced by city departments responsible for their respective areas as identified. Health and safety standards will be monitored and enforced by the Irving Fire Department, Irving Police Department, and the Code Enforcement Department. Staff and program issues will be monitored and enforced by the Irving Parks and Recreation Department or the department responsible for the program development and implementation.
(Ordinance 2019-10175, § 1, adopted 4/4/2019; Ordinance 2020-10339, § 2, adopted 6/4/2020; Ordinance 2021-10444, § 2, adopted 6/3/2021; Ordinance 2022-10582, § 2, adopted 5/5/2022; Ordinance 2023-10758, § 2, adopted 6/8/2023)
(a) 
It is unlawful for any owner, operator or designated person in charge of a child-care facility to knowingly violate or permit any person employed or volunteering at facility to violate any provision of this chapter.
(b) 
Violation of any provision of this chapter is a class C misdemeanor punishable by a fine of one dollar ($1.00) to five hundred dollars ($500.00) unless the offense violates a provision that governs fire safety, zoning, or public health and sanitation, in which case the fine shall not exceed two thousand dollars ($2,000.00). Each day a provision is violated is a separate offense. Each provision violated in any part of any facility is a separate offense.
(c) 
The penalties provided for in this section are in addition to any other enforcement remedies that the city may have under other city ordinances or state law.
(Ordinance 2019-10175, § 1, adopted 4/4/2019)