(a)
General requirements:
(1)
Every person, association, institution, or corporation, whether for profit or nonprofit, who shall conduct or manage a child care or before and after-school program and receives payment or benefits for such service shall obtain a permit from the regulatory authority.
(2)
No permit shall be granted to any person who is ineligible to be employed by the facility as defined by subsection 18-39(c)(5) of the Code of Ordinances of the City of North Richland Hills.
(3)
The regulatory authority may approve or deny a permit to operate a child care center or before and after-school program. Upon approval, the regulatory authority shall collect the appropriate annual fee from the applicant and issue a permit, which will remain in effect unless suspended or revoked as herein provided.
(4)
In the event the regulatory authority shall refuse to grant a permit to any applicant, the provisions of subsection 18-39(d) shall govern any appeal of such denial. The reason(s) for such action shall be provided to the applicant in writing and details provided to correct the problem(s), if possible, which caused denial of the permit request.
(5)
Child care centers and before and after-school program facilities shall have a regular sanitation inspection at least twice annually with a written report. Any corrections called for in the report shall be made within time specified by the regulatory authority.
(b)
Application procedures:
(1)
The child care or before and after-school program facility application and application fees must be submitted by the owner to the regulatory authority before construction is complete; transfer of operation; or new operations may begin in existing centers. The application must be submitted on the forms provided by the regulatory authority by the owner or, if the applicant is a corporation, a duly authorized representative of said corporation.
a.
The application shall state the name, address, and age of the applicant and the commercial title and address of the child care center or before and after-school facility. A copy of the applicant's current driver's license is required.
b.
The applicant is responsible for complying with all zoning, building, fire, and health ordinances of the City of North Richland Hills.
(c)
Affirmation of certificate of occupancy.
The permit application shall affirm that a certificate of occupancy has been applied for with the building inspection department, its issuance contingent, in part, on the successful application for a child care center or before and after-school program facility permit.
(d)
Plan review:
(1)
Whenever a child care center or before and after-school facility is constructed or extensively remodeled and whenever an existing structure is converted to use as a child care or before and after-school facility, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling or conversion has begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas and the type and model of proposed fixed equipment in centers. The regulatory authority shall approve the plans and specifications if they meet the requirements of the State of Texas regulatory authority and city ordinance.
(2)
Whenever plans and specifications are required to be submitted to the regulatory authority, the regulatory authority shall inspect the child care center or before and after-school facility prior to beginning its operation to determine compliance with the approved plans and specifications and with the requirement of these rules.
(3)
Residential structures shall not be permitted as a child care or before and after-school facility.
(4)
The child care or before and after-school facility shall meet the Texas Department of State Health Services Texas Food Establishment Rules if food is prepared and served at the center. Facilities serving only Non-time/temperature control for safety (NTCS) food as defined by chapter 18, article IV, division 6, section 18-279 of the North Richland Hills Code of Ordinances, or otherwise approved snacks are exempt from the requirements of this article.
(5)
Free-standing diaper changing stations in infant and toddler areas shall have a hand sink, plumbed with hot (100º F) and cold running water, located at the diapering station. Hot water must be available within 20 seconds.
(6)
Child care centers providing over-night care shall provide bathtubs and/or showers.
(7)
Stairs and porches more than two feet above the ground shall have railings the children can reach.
(8)
Outside play areas shall be surrounded by a fence with a minimum height of six feet and shall be immediately adjacent to the center and located away from heavy traffic areas. Such fences shall be of a design to prevent entrapment hazards. Any child care center operating a before and after-school care program for in a public school building pursuant to a contract with any independent school district shall be exempt from the fence requirements of this article.
(9)
Outdoor play equipment shall be away from busy areas in the yard and securely anchored, unless portable by design.
(10)
Swimming pools shall be constructed, maintained, and comply with the State of Texas Regulations for Swimming Pools Texas Department of State Health Service's Standards for Public Swimming Pool and Spa.
(e)
Permit required:
(1)
No child care or before or after-school facility shall be operated within the city without a current permit issued by the city for such facility.
(2)
All child care or before and after-school facilities in the City of North Richland Hills must present proof of insurance against liability for personal injury or death of any person on the premises in the amount of $300,000 for each occurrence of negligence as required by the Human Resource Code, § 42.049 along with the application or renewal of the annual child care or before and after-school facility permit.
(3)
All permits when granted and issued shall be displayed in a place readily accessible for the inspection by the regulatory authority and any citizen. Permits issued hereunder shall be deemed personal to the permit holder and may not be transferred from one location or from one place of business to another.
(4)
No permit shall be deemed to grant a vested or property right, but such permit shall remain subject to the terms and provisions of this article and subject to such future regulations as shall be promulgated by the city council by ordinance and any investment made by an applicant or permit holder shall be made subject to this article.
(Ordinance 3153, § 1, adopted 8/8/2011; Ordinance 3738, § 3, adopted 5/18/2022)