HomeMy WebLinkAboutItem 08 - Health OrdinanceG' C ITEM R g MMNI-E�
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER //.
MEETING DATE: AUGUST 20, 2002
SUBJECT: AMENDMENTS TO HEALTH ORDINANCE
RECOMMENDATION:
Staff recommends that Council approve amendments to Chapter 12, Food
Establishments, Day Care Centers, Public Swimming Pools, and amendments to Fees.
BACKGROUND:
The City of Grapevine, through Interlocal Agreement, has used the City of Euless to
perform health inspections since 1990. The current Health Ordinance was adopted
September 4, 1990, and has not been significantly amended since that time.
Additionally, the fees (with the exception of one category of permit), have not been
increased since 1990.
The City of Euless recently adopted a new ordinance which included increased fees (all
fees are collected and retained by Euless), and has asked that Grapevine adopt the
same ordinance and fee schedule. A table showing current and proposed fees is
attached.
The proposed health ordinance is more comprehensive than the present ordinance. The
proposed ordinance provides new definitions, as well as detailed provisions for food
establishments, day care centers, and public swimming pools. However, most of these
new provisions will not apply to existing facilities unless they are remodeled or have
additions.
The Building Department has been very satisfied with the level of service provided by
the City of Euless. The quality of work, response time, and communication has been
excellent.
Following are highlights of the new ordinance:
Article I - Food Establishments. This outlines specific requirements relating to the
provision and service of food, including: all food service employees must possess a
current Food Handler Card and no employer may hire an individual who does not have a
valid card; all food establishments must be issued a Food Establishment Permit and
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August 14, 2002 (8:51AM)
maintain compliance with minimum health requirements. Each establishment is
inspected twice annually, but exceptions are made for annual, temporary food/event,
il
and seasonal permits. Establishments are classified as being Fixed Food
establishments, which includes restaurants, hospital kitchens/cafeterias, retail stores
handling open food, or Mobile Food Units, which includes mobile barbecues, trailers,
and snowcone stands. Only food items previously approved by the city can be sold on a
Mobile Food Unit. Additional requirements for Mobile Ice Cream Vendors and Other
Vehicles vending products to children are also outlined.
Article 11 - Day Care Centers. This outlines operation standards that supplement
state statutes and regulations governing day care centers. Annual inspections will be
made by Health Services. The new ordinance defines a Day Care Center as a "facility
that provides care for six or more children under fourteen years of age for less than
twenty-four hours a day". The new ordinance also describes what the term "day-care"
does not apply to, which includes Home Occupations in which five or fewer children are
cared for in the home. All day care centers must be issued a day care permit based on
a Health Department inspection. The Sanitation and hygiene standards for day care
personnel and children are outlined, which require that staff assist children to assure that
hands are washed and details the conditions under which a sick child must be kept
isolated from other children.
The code also establishes safety and sanitary conditions for the interior space of the
day care center that serve the various activities that occur in the building. For example,
only single purpose sinks are allowed, i.e. lavatory handwashing and food preparation.
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Specific requirements are outlined to ensure that diapering and toileting is as sanitary as
possible.
Article 111 - Public Swimming Pools. This outlines the minimum standards for the
construction, operation and maintenance of public swimming pools and their related
facilities. Permit conditions dealing with fencing, pool chemical storage, and insect
prevention in the water are described. The new ordinance establishes a requirement
that a trained pool operator be designated for the pool and defines some of the essential
responsibilities of that function. One such responsibility is to maintain pool records of all
pH levels and chlorine or disinfectant level tests performed on that public pool when
open. City staff reviews these reports on a monthly basis.
Article IV - Fees. This is the new fee schedule. The existing fee schedule is attached
for reference.
Article V - Miscellaneous. These are existing provisions contained in the current
health ordinance. These items are simply renumbered to accommodate the new
articles.
Attachment
0:\sw\ccmemos\hea1thord0602
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August 14, 2002 (8:51AM)
O
CURRENT
PROPOSED
Annual permit fee for food service establishment permit,
license or certificate
$150.00
$235.00
Food handler certificate
$ 10.00
$ 10.00
Replacement for lost food handler certificate
$ 5.00
$ 5.00
Annual mobile food service establishment, per vehicle
$ 70.00
$125.00
Temporary food service establishment permit, per event
Location / booth
$ 35.00
$ 75.00
Seasonal food establishment
N/A
$200.00
Swimming pools, spas public, annual
$100.00
$200.00
Day care, annual
$ 50.00
$100.00
Retail establishments that do not prepare food
$150.00
$235.00
Nursing homes
$ 50.00
$100.00
O
100 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF
ORDINANCES BY AMENDING CHAPTER 12, HEALTH AND
SANITATION, REPEALING CONFLICTING ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect the
health, safety, and welfare of its citizens; and
WHEREAS, the City of Grapevine has determined that it is a necessity to regulate the
activities and entities as provided for herein to safeguard the public; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provisions
contained herein, and has complied with all prerequisites necessary for the passage of
this Ordinance; and
WHEREAS, the City has determined that an amendment of Chapter 12, Health and
Sanitation, of the Code of Ordinances is in the best interest of the City, and its citizens.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
New Section 1.
All matters stated in the preamble are found to be true and correct and are incorporated
herein by reference as if copied in their entirety.
Section 1. Chapter 12, Health and Sanitation. That Article 1, in General, is
hereby deleted in its entirety and replaced by th followinci Articles I — V:
ARTICLE 1. FOOD ESTABLISHMENTS
DIVISION I. GENERAL
Sec. 12-1. Purpose.
The purpose of these rules is to safeguard public health and provide to
consumers food that is safe, unadulterated, and honestly presented.
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Sec. 12 — 2. Designation of health authority.
The City of Grapevine, Texas, designates the City of Euless Health Services as
its health authority for the purpose of ensuring minimum standards of environmental
health and sanitation within the scope of that department's function.
Sec. 12 — 3. Definitions.
The followinq words, terms and phrases, when used in this article, shall have the
meanings as ascribed to them in this section, except where the context clearly indicates
a different meaning:
• Adulterated food — A food containing anV poisonous or deleterious substance
as specified in the Texas Health and Safety Code, Chapter 431, § 431.081.
• Approved — Acceptable to Health Services based on a determination of
conformity with principles, practices, and generally recognized standards that
protect public health.
• Beverage — A liquid for drinking, including water.
• Building Official — Is the officer or other designated authority charged with the
administration and enforcement of this code, or the Building Official's duly
authorized representative.
• Consumer — A person who is a member of the public, purchases and takes
possession of food, is not functioning in the capacity of an operator of a food
establishment or food processing plant, and does not offer the food for resale.
• Department — The Texas Department of Health.
• Easily cleanable — A characteristic of a surface that allows effective removal
of soil by normal cleaning methods; is dependent on the material, design,
construction, and installation of the surface; and varies with the likelihood of
the surface's role in introducing pathogenic or toxigenic agents or other
contaminants into food based on the surface's approved placement, purpose.,
and use.
• Employee - means any person manufacturing, packaging, producing,
processing, storing, selling, offering for sale, vending, preparing, serving, or
handling -any food in a food establishment.
• Food — A raw, cooked, or processed edible substance, ice, beverage, or
inaredient used or intended for use or for sale in whole or in _part for human
consumption, or chewing gum
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• Food establishment — An operation that stores, prepares packages, serves
or otherwise provides food for human consumption such as: a food service
establishment; retail food store; satellite or catered feeding location; catering
operation, if the operation provides food directly to a consumer or to a
conveyance used to transport people: market; remote catered operations;
conveyance used to transport people; institution; or food bank; and that
relinquishes possession of food to a consumer directly, or indirectly through a
delivery service such as home delivery of grocery orders or restaurant takeout
orders, or delivery service that is provided by common carriers
• Food handler - means any person who prepares serves packages or
handles open food or drink, or who handles clean utensils, pots pans or
single -service items.
Health Services — City of Euless Health Department (Code Services)
• Nonprofit facility means:
(a) All government entities and political subdivisions and public school
districts.
(b) Organizations chartered under the Texas non-profit corporation act
(c) Operations exempted by Internal Revenue Code Section 501 C
Mobile food establishment — A vehicle mounted food establishment designed
to be readily moveable. (includes a Push Cart)
Packaged — Bottled, canned, cartoned securely bagged, or secure)
wrapped, whether packaged in a food establishment or a food processing
plant. The term does not include a wrapper, carryout box or other non-
durable container used to containerize food with the purpose of facilitating
food protection during service and receipt of the food by the consumer.
• Permit —The document issued by Health Services that authorizes a person to
operate a food establishment.
• Permit holder — The entity that is legally responsible for the operation of the
food establishment such as the owner, the owner's agent or other person:
and who possesses a valid permit to operate a food establishment
• Person in charge — The individual present at a food establishment who is
responsible for the operation at the time of inspection
• Temporary food establishment — A food establishment that operates for a
period of no more than 5 consecutive days in coniunction with a single event
or celebration no more than 4 times a year.
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currengy, token, card, or key, dispenses unit servings of food in bulk or in
Packages without the necessitv_ of rer)lenishing the device between each
vending operation.
DIVISION 11. AMENDMENTS / ADMINISTRATION
Sec. 12-4. Amendment Standards
The enforcement of this article shall be regulated in accordance with the Texas
Department of Health, Bureau -of Food and Drug Safety, Retail Foods Division "Texas
Food Establishment Rules 25 TAC" 229.161-229.171, 229-173-229.175, The Texas
Food, Drug and Cosmetic Act" (Vernon's Texas Health and Safety Codes Chapter
431), and "Texas Sanitation and Health Protection Law" (Vernon's Texas Health and
Safety Code Chapter 341), a copy of which shall be on file in the office of the city
Sec. 12-5. Food Handler Card Required
a) Every Food service Employee shall within thirty (30) days of the date of
employment, be the holder of a current valid Food Handler Card, issued by Health
b) No person who owns, manages or otherwise controls any Food Service
Establishment shall permit any Food Service Employee to come in contact with any
defined food related areas if the employee does not within thirty (30) days after
employment possess a current valid Food Handler Card issued by Health Services.
c) Every food service or food establishment shall have available on the premises
at all times the food handling..card of each employee for inspection, and if requested,
shall provide the City of Euless Health Services with documentation of the date of
employment of any employee of the establishment.
d) Temporary food service establishments operated in conjunction with a special
event shall be exempt from this required Food Handler's card.
e) Every card issued shall remain effective for a period of two Vears and may be
renewed upon successful completion of additional approved refresher courses and
payment of renewal fees. Food handier cards are the property of the person named
thereon and must be returned by employers to, such person upon cessation of
Sec. 12-6. Food Handling Class Required — Food Handler Card
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In order to receive a Food Handler Card every person owning employed by or
otherwise connected with a Food Establishment whose work brings him/her into contact
with food, utensils or food service equipment shall be required to attend a Food
Handling class held by Health Services before a Food Handler card will be issued An
approved food management protection training program as required by chapter 438=
subchapter D, Texas Health and Safety Code as amended may be substituted for the
course provided by the City of Euless Health Services.
Sec, 12-7. Food Establishments Permits Required
a) No person shall operate a food establishment without a current valid food
establishment permit issued by Health Services
b) A separate permit shall be required for every food establishment with separate
and distinct facilities and operations whether situated in the same building or at
separate locations. Separate and distinct lounge operations within a food establishment
that are in addition to food operations require a separate permit (Inclusive of bars,
deli(s) or like businesses)
c_) Permits issued under the provisions of this article are not transferable A
permit shall be valid for the period of time shown on the face of the permit unless
earlier suspended or revoked by Health Services
d) The application for a new or a renewed permit shall be made on an application
form prescribed by Health Services.
e) The application shall require the applicant's name type of business
organization, the name and address of the owner or rincipal officer of the business the
nature of the business the location of the business and such other information as
Health Services deems necessary.
f) Applications for permits for mobile food units or temporary event
establishments which operate from a fixed food facility located outside of the city shall
have correct truck registration, insurance and valid/current driver's license information
for each vehicle and each driver.
q) A Temporary Food/Event Establishment permit shall be required and daily
inspections shall be required.
h) Health Services shall not renew an expiring or expired permit until the owner
or operator of the food establishment provides proof of compliance with current
minimum health requirements.
i) Upon change of ownership of a business the new owner shall be required to
meet current food establishment standards as defined in this code and state law before
a permit will be issued by Health Services.
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4) The following types of establishments are exempt from the requirements of this
article:
(1) Group homes;
(2) Establishments selling only commercially packaged, non -potentially
hazardous foods;
(3) Vending machines;
(4) Facilities operated by nonprofit organizations for their members,
families, and invited guests. Facilities are not exempt when food
service is provided in coniunction with a child care facility, retirement,
center, hospital, school, indigent feeding program or public fundraising
events; and
(5) Private schools that do not have a kitchen.
k) Criminal offenses.
(1) A person commits an offense if the person knowingly owns, operates,
or is in control of a food establishment that is operating without a valid
food permit.
(2) A person commits an offense if the person owns or operates a food
establishment and knowingly fails to post and maintain a permit.
Sec. 12-8. Classification of permits.
a) Food establishment permits shall be classified according to the duration of
operation and location of such operation.
bye duration of a permit shall fall within one of three categories; annual,
temporary, or seasonal, as follows:
(1) Annual. An establishment that operates throughout the year.
(2) Temporary. An establishment that operates three (5) consecutive
days/or fewer, in coniunction with a special event no more than (4)
times a year.
(3) Seasonal. An establishment that operates no more than six (6)
weekends consecutively, two (2) times each year, and not associated
with a special event. Establishment shall be issued (1) one permit two
(2) times per year, with permission from Primary business location and
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operate as secondary only to primary business location with current
and valid certificate of occupancy and during normal business hours
No seasonal permits shall be issued for any residential zones
c) The location classification of a permit shall fall within one (1) of two (22)
categories, either fixed or mobile as follows:
(1) Fixed food establishments.
a. Food service establishment - restaurants cafeterias snack
bars, bakeries, snow cone stands caterer's commissaries
private school cafeterias halfway house food services hospital
kitchens/cafeterias, institutional food services etc where food
is prepared and served.
b. Retail food stores -.handling prepackaged potentially hazardous
foods.
c. Retail food stores handling processing or selling open foods
d. Food warehouses/wholesalers
e. Bars/lounges.
(2) Mobile food units.
a. Retail food unit handling prepackaged food.
b. Retail food unit (including trailers mobile barbecues snowcone
units etc handling, processing or selling open food A
separate permit is required for each different type of mobile unit
owned or operated by an individual or company.
c. Any person or firm who operates a Mobile Food Unit or a
Mobile Food Establishment as defined in this ordinance shall
not operate such establishment within one block of any block
containing an elementary or iunior high school
d. Onlv food items previously approved by Health Services may
be sold on a Mobile Food Unit. Non-food items such as tom
fireworks, or any hazardous substances such as stink bombs are
prohibited. �-
Sec. 12-9. Permits - Authority to Issue
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Health Services is hereby authorized to issue permits to any person or firm
making application for a Food Establishment Permit, Food Handler Permit, Mobile Food
Establishment or a Temporary Food Establishment Permit in the City of Grapevine;
provided that onIV a person or firm that complies with the requirements of this ordinance
shall be entitled to receive and retain such permit.
Sec. 12-10. Permits —Application
a) Application for such permit as required by this ordinance in Section 12-7(a)
shall be made in writing to Health Services upon forms prescribed and furnished b
Health Services.
b) A Food Establishment permit Plan Review fee shall be due for each Food
Establishment that requires plans to be submitted according to Section 12-7 of this
c) A Food Establishment permit application fee shall be due for each Food
Establishment that requires a new Food Establishment Permit due to chanqe__of
ownership, chanae in type of operation, or revocation, and a new application shall be
made for a permit as required by Section 12-7(a) of this ordinance. Whenever a new
Food Establishment Permit is required,__ Health Services shall inspect the Food
Establishment Prior to beginning operation to determine compliance with requirements
of this ordinance.
d) Failure to provide all required information, or falsifying information required on
the application, may result in denial or revocation of the permit.
Sec. 12-11. Review of Plans
a) Submission of plans. Whenever a food service establishment is constructed
or remodeled and whenever an existing structure is converted to use as a food service
establishment, properly prepared plans and specifications for such construction,
remodeling or conversion shall be submifted to the CitV of Grapevine Building
Department for review and approval before construction, remodeling or conversion is to
begin.- 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 and facilities. The Building Department shall approve the
plans and specifications if they meet the requirements of these rules. No food service
establishment shall be constructed, remodeled or converted except in accordance with
plans and specifications approved by the Building Department.
b) Pre -operational inspection. Whenever plans and specifications are required
by subsection (a) of this section to be submitted to the building department, the Building
Department shall inspect the food service establishment prior to its beginning operation
to determine compliance with the approved plans and specifications and with the
reguirements to these rules. (Code 197A,_§ 8-89
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Sec. 12-12. Posting of Food Establishment and Temporary Food Establishment
Permits
Every permit holder or person in charge shall at all times have available on
display in public view the Food Establishment Permit Mobile Food Establishment
Permit, or Temporary Food Establishment Permit
Sec. 12-13. Permits — Duration
a) Any Food Establishment Permit or Mobile Food Permit granted under the
provision of Section 12-7(a) of this ordinance shall remain in full force and effect twelve
12) months from the date of issuance as long as the annual food establishment permit
fee is paid and unless said permit is denied, suspended or revoked for cause A Food
Establishment Permit that lapses for non-payment of the annual food establishment
permit fee will be re -instated upon payment of a re -instatement fee except that permits
lapsed for more than three (3) months may not be re -instated
b) An exception to paragraph (a) above is that a Temporary Food Establishment
Permit shall remain in full force and effect for a period of time not more than three (3)
consecutive days from date of issuance in conjunction with a single event or celebration
unless suspended or revoked for cause.
Sec. 12-14. Permits — Non -transferable
Every permit issued under the provisions of this ordinance shall be non-
transferable, non-refundable and at Health Services discretion. A Food Establishment
or Temporary Food Establishment Permit shall permit the operation of the
establishment only at the location for the type of food service and for the permit holder
for which granted.
Sec. 12-15. Inspection Frequencv
a) An inspection of a Food Service Establishment shall be performed at least
twice annually and shall be prioritized based upon assessment of a Food
Establishment's compliance and potential of causing food borne illness according to the
Texas Food Establishment Rules.
b) Additional inspections of the Food Establishment shall be performed as often
as necessary for the enforcement of this ordinance.
Sec. 12-16. Inspections Regulations
a) Health Services may enter premises or vehicles regulated by this article at all
reasonable times whenever it is necessary to make an inspection to enforce any of the
provisions of this article or other laws requlating food to inspect permits certificates
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and other records required by this article and state and federal laws regulating food, to
collect samples of food and other substances as may be necessary for the detection of
unwholesomeness or adulteration, or whenever probable cause exists to believe that a
violation of this article or other laws regulating food exists.
b) Health Services shall first present credentials and demand entry if the
premises are occupied. If the premises are unoccupied, the inspector shall first make a
reasonable attempt to locate the owner, operator or other person in control of the
premises and demand entry.
c) If entrV is denied or if a person in control cannot be located, Health Services
shall have every recourse provided by law to secure entry, including obtaining a search
warrant.
Sec. 12-17. Examination and Condemnation of Food Generally
Food may be examined or sampled by Health Services as often as necessary for
enforcement of these rules. Health Services, upon written notice to the owner or person
in charge specifying with particularity the reasons therefore, may place a hold order on
any food which it believes is in violation of Texas Food Establishment Rules. Health
Services shall tag, label, or otherwise identify any food subject to the hold order.
No food subiect to a- hold order shall be used, served, or moved from the
establishment. Health Services shall permit storage of thefoodunder conditions
specified in the hold order, unless storage is not possible without risk to the public
health, in which case immediate destruction shall be ordered and accomplished. The
hold order shall state that a request for hearing may be filed within ten days and that if
no hearing is requested the food shall be destroyed. A hearing shall be held if so
requested, and on the basis of evidence produced at that hearing, the hold order may
be vacated, or the owner or person in charge of the food may be directed by written
order to denature or destroy such food or to bring_ it into compliance with the provisions
of these rules.
(Code 1974, �8-88; Ord. No. 1358, § 11, 9-14-99)
Sec. 12-18. Procedure When Infection Is Suspected
When Health Services has reasonable cause to suspect the possibility of disease
transmission from any food service establishment employee, it may secure morbidity
history of the suspected employee or make any other investigation as may be indicated
and shall take appropriate action. Health Services may require any or all of the
following measures:
(1) The immediate exclusion of the employee from all food service
establishments;
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(2) The immediate closing of the food service establishment concerned until in
the opinion of Health Services no further danger of disease outbreak exists;
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(3) Restriction of the employee's services to some area of the establishment
where there would be no danger of transmitting disease; and
(4) Adequate medical and laboratory examination of the employee, of other
employees and of his and their body discharges
(Code 1974,$ 8-90)
Sec 12-19. Remedies
a) Penalties. Any person who violates a provision of these rules and any person
who is the permit holder of or otherwise operates a food service establishment that does
not comply with the requirements of these rules and any responsible officer of that
permit holder or those persons shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in an amount not to exceed $2,000.00 for violations of
provisions governing public health and sanitation for each offense Each day that such
violation shall continue shall be deemed a separate and distinct offense and shall be
punished as such.
b) Injunctions. Health Services may seek to enjoin violations of these rules
Sec 12-20. Additional Requirements for Mobile Ice Cream Vendors and Other
Vehicles Vending Products to Children
a) Additional requirement for issuance of permit
(1) All drivers of ice cream trucks and other vehicles vending products to
children shall submit a copy of their commercial driver's license to the city and obtain
the permit described in this article before operating such vehicle A commercial driver's
license is required.
(2) All permit applicants shall provide proof of automobile insurance
according to state law along with the application
(3) All applicants shall be subject to a criminal history background check
and shall consent to such check as a condition of application A conviction for any
offense involving actual or attempted homicide kidnapping assault or assaultive
offenses, unlawful sexual conduct or assault theft (including robbery or IgMlarL
prostitution or obscenity shall be grounds for disqualification of an applicant
b) Safety equipment for ice cream trucks
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(1) Signs stating "WATCH FOR CHILDREN" must be provided on the
front, back, and both sides of the vehicle in at least four inch letters of contrasting
colors.
(2) The company name, address, and phone number must be on both
sides of the vehicle in at least three-inch letters of contrasting colors.
(3) A serving window, capable of being- closed when not in use, must be
provided and must be located on the curbside only.
(4) Left and right outside rear view mirrors as well as two additional
outside wide-angle mirrors on the front and back of the vehicle must be provided to
enable the driver to see around the entire vehicle.
(5) Operable yellow or amber flashing hazard lights that are clearly visible
not less than 100 yards from the mobile unit under average daylight conditions shall be
provided. Such lights shall be mounted no more than 12 inches below the roof of the
mobile unit. No fewer than two lights shall be visible from each approach.
(6) A rear bumper cover shall be installed to prevent children from
standing or jumping on the rear of the vehicle.
c) Vending requirements for mobile ice cream vendors.
(1) Location.
a. Mobile ice cream trucks are permitted to vend in an area for no
more than 15 minutes, then they must move to another location.
b. Mobile ice cream vending is prohibited within City of Grapevine
parks.
c. Mobile ice cream trucks shall not vend within one block of any
block containing an elementaryorjunior high school during school
hours or within one hour before or after school hours on a day that
school is scheduled to be in session.
d. Mobile ice cream trucks shall not vend within 100 feet from an
intersection.
(2) Hours of operation.
Mobile ice cream vending may only occur from 10:00 a.m. to one-half hour
before sunset.
(3) Use of sound equipment.
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a. Use of sound equipment shall be limited to music or human
speech.,
b. Sound shall not be audible more than 100 yards from the truck
Sound shall be produced at no more than 80 dBA
c. Sound equipment may only be used from 10.00 a m until one-
half hour before sunset.
d. Sound shall not be broadcast within 100 yards of schools during
school hours while school is in session or within 100Vards of
hospitals, churches, courthouses funeral homes or cemeteries
e. Sound shall be turned off while the vehicle is stopped for
vending.
(4) Safety precautions.
a. Drivers shall check around the vehicle before leaving the area to
ensure that children are not remaining. When handing the
purchased product to the children drivers shall make certain traffic
is clear, in case a child leaves the truck immediately and fails to
observe the hazard of oncoming traffic.
b. Child customers shall not be allowed inside the vehicle This
provision shall not apply to children related to the driver within the
third degree of consanguinity or affinity, while riding with the driver
along the sales route.
DIVISION 111. ENFORCEMENT
Sec. 12-21. Enforcement options.
When the Building Official or his designee has determined that a violation of this
article has occurred or is occurring, the following remedies are available to Health
Services. The remedies provided for in this section or elsewhere in this article are not
exclusive. Health Services may take any, all, or any combination of these actions
against a violator, consecutively or concurrently
a) Issuance of a warning notice, verbal or written
b) Issuance of one or more citations;
c) Emergency closure/suspension order;
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(1) Post and maintain a placard at the entrance of the food establishment,
notice of the conditions therein, or to require the owner, operator, o
person in charge of the establishment to maintain the placard at the
entrance that this establishment is closed;
(2) To suspend without delay its food establishment permit.
d) Conditions which warrant the actions authorized include but are not limited to
loss of electrical power, interruption of water service, sewage backing up into the
establishment, serious lack of sanitation, or catastrophic occurrence.
e) The owner, operator, or other person in charge of the establishment will be
given written notice of the reason for the closure and/or suspension.
f) Upon receipt of the notice, the food establishment shall immediately cease
food operations.
q) A person commits an offense if the person engages in food operations in an
establishment which has been closed or had its license suspended pursuant to this
section.
h) A person commits an offense if the person removes or tampers with any notice
posted pursuant to this subsection.
Sec. 12-22. License, Certificate or Permit Suspension
a) Health Services may, without warning, notice or hearing, suspend any permit,
license or certificate to operate a food service establishment if the holder of the permit,
license or certificate has failed to comply with the requirements of these rules; and such
noncompliance constitutes a hazard to public health. Health Services may end the
suspension at anytime if the reason for suspension/emergency closure no longer exists.
b) If an -imminent health hazard exists, such as complete lack of refrigeration or
sewage backup into the establishment, the establishment shall immediately cease food
service operations. Operations shall not be resumed until authorized by Health
Services.
Sec. 12-23. Revocation proceedings.
a) Notification of right to hearing. When a notice of suspension is given the
holder of the permit or certificate or the person in charge (should said person not agree
with the findings of the inspection report)• then said person must submit a petition in
writing requesting a hearing. If no written request for hearing is filed within ten (10)
days of receipt of the notice of suspension, the permit or certificate will be suspended.
Health Services may end the suspension at any time if reasons for suspension no
longer exist.
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b) In its petition, the petitioner shall indicate the provisions of the action obiected
to, and the reasons for the objection ) any facts that are contested, the evidence that
supports the petitioner's view of the facts and whether the petitioner requests a hearin
on its petition.
c) Hearings. The hearings provided for in this chapter shall be conducted by
City Manager or his designee who will designate the time and place for the hearing
Based upon the recorded evidence of such hearings: the City Manager or his designee
shall make a finding and shall sustain modify or rescind any notice or order considered
in the hearing.
d) This hearing shall be deemed to exhaust the administrative remedies of the
person aggrieved.
Sec. 12-24 —12-30 Reserved
ARTICLE ll. DAY CARE CENTERS
DIVISION I. GENERAL
Sec. 12-31. Purpose.
The purpose of this article is to supplement state statutes and regulations
governing day care centers by providing standards for operation of day care centers in
the City of Grapevine to protect the health safety and welfare of the occupants and
patrons of day care centers.
Sec. 12-32. Designation of health authority.
The City of Grapevine , Texas, designates the City of Euless Health Services as
its health authority for the purpose of ensuring minimum standards of environmental
health and sanitation within the scope of that department's function.
Sec. 12-33. Texas Department of Protective and Regulatory Services Regulations
Adopted
a) The provisions of the current rules or rules as amended known as the
"Minimum Standards for Day Care Centers" found in Title 40 Texas Administrative
Code, Chapter 715, Section 401 through 429 are herein adopted together with the
additions, deletions, and amendments hereinafter contained as part of Article II Day
Care Centers, of the "Health and Sanitation" Chapter of the Code of Ordinances of the
City of Grapevine.
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b) An un -abridged copy of the "Minimum Standards for Day Care Centers" shall
be kept on file in the Office of the City Secretary. The provisions of the "Minimum
Standards for Day Care Centers" shall apply, as though such regulations were copied at
length herein except where specific other provisions are expressed within this Article
Sec. 12-34. Definitions.
The following words terms and phrases when used in this article, shall have the
meanings ascribed to them in this section except where the context clearly indicates a
different meaning:
• Building Official — Is the officer or other designated authority charged with the
administration and enforcement of this code or the Building Official's duly
authorized representative.
• Child— A person under eighteen (18) years of age.
• City— City of Grapevine
• City Code — The Code of Ordinances of the City of Grapevine, as amended
from time to time.
• Day care center — A facilitytat provides care for more than five (5) children
under fourteen (14) years of age, who are not the natural or adopted children
of the owner or operator of the day care center, for less than twenty-four (24)
hours a day.
• Department — The Texas Department of Health.
• Food service — The preparation or serving of meals or snacks.
• Handwashing lavatory — A basin with hot and cold running water for the
washing of hands.
• Health Department— The City -of Euless Health Services (Code Services).
• Health department permit — A certificate issued by the City of Euless Health
Services upon application and inspection of a day care center which at the
time of issuance complied with applicable city ordinances.
• Infant— A child younger than eighteen (18) months old.
• Isolation area — An area or room apart from other facilities which shall be
available for use by children who become sick or injured.
• Owner — A person having any legal or equitable interest in the business or
operation of a day care center. A person is deemed to be an owner for
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purposes of this chapter if that person operates conducts manages
maintains or controls, either directly or indirectly, a day care center.
• Person — An individual or any other legal entity.
• Premises — A tract of land with the buildings thereon or a building or part of a
building with its grounds or other appurtenances.
Pre-schoolers — Children between two 2 and five 5 ears of age.
• Refuse — All wastes resulting from domestic, commercial or industrial
operations incidental to urban life except sewage but including garbage
brush and trash.
• Restroom — A self-contained enclosure with a door on it containing at least
one 1) lavatory and one (1) commode.
• Sewage — The liquid waste, which may or may not contain solids from the
plumbing facilities or sanitary conveniences of a building dwelling unit
business building, factory or institution.
• Single -purpose sink — A sink that is used for only one (1) purpose. said
purpose being specifically designated by the facility and approved b H� ealth
Services. Types of single -purpose sinks include but are not limited to:
handwashing lavatories at diaper changing stations handwashing lavatories
in restrooms, wastewater disposal sinks and sinks required for food service
preparation in accordance with the rules on food service sanitation
• Toddler — Any Child between eighteen (18) and twenty-three 23) months of
age.
The term "child care" shall not apply to:
a) A State -operated facility;
b) An agency foster group home or agency foster home as defined by the Texas
Human Resources Code, Chapter 42;
c) A facility that is operated in connection with a shopping center, business
religious organization or establishment where children are cared for during short
periods while parents or persons responsible for the children are attending religious
services, shopping or engaging in other activities on or near the Premises including but
not limited to retreats or classes for religious instructions
d) A school or class for religious instruction that does not last longer than two (2)
weeks and is conducted by a religious organization during the summer months;
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A youth camp licensed by the Texas Department of Health;
f) A hospital licensed by the Texas Department of Health and Mental
Retardation or the Texas Department of Health;
q) An educational facility accredited by the Texas Education AgencV or the
Texas Private School Accreditation Commission that operates primarily for educational
purposes in grades Kindergarten and above;
h) An educational facility that operates solely for educational Purposes in grades
Kindergarten through at least Grade 2, that does not provide custodial care for more
than one (1) hour during the hours before or after the customary school day, and that is
a member of an organization that promulgates, publishes and requires compliance with
health, safety, fire and sanitation standards equal to standards required by State, county
and municipal codes.
i) Kindergarten or preschool educational program that is operated as part of a
public school or a _private school accredited by the Texas Education Agency or the
Texas Private School Accreditation Commission, that offers educational programs
through Grade 6, and that does not provide custodial care during the hours before or
after the customary school day,
i) A family -home as defined by the Texas Human Resources Code, Chapter 42;
k) An educational facility that is integral to and inseparable from its sponsoring
religious organization or an educational facility, both of which do not provide custodial
care for more than two (2) hours maximum per day, and that offers educational
programs for children age five (5) and above in one (1) or more of the followincL.,
Kindergarten through at least Grade 3, elementary or secondary grades; provided,
however, that a religious orqanization, such as that described in Subsection c) above,
where children are cared for during short periods while parents or persons responsible
for the children are attending religious services or engaged in other activities on or near
the premises, may provide custodial care for more than two (2) hours per day; o
1) After-school care facilities in public schools that provide care before or after
the usual school daV, or full daV care forthe same children on school holidays or during
summer vacation for more than five (5) children, ages five (5) through thirteen (13)
years, for children enrolled in the public school provided that the facility is properly
licensed by the Texas Department of Protective and Regulatory Services.
Sec. 12-35. Day Care Permit, Inspection, and Compliance
a) A day care center shall be inspected by Health Services prior to issuance of a
daV care permit.
n\ R:\AGEND/A08-20-02\h*aKh»rdinan»*.d»« 18
b) No person shall operate or cause to be operated a day care center in the City
of Grapevine without first obtaining a daycare permit
��"a;�
c) Health Services is hereby authorized to issue a day care permit in the City of
Grapevine when it finds that the owner or operator of the day care center has complied
with the requirements of this Article and all other applicable sections of the City Code If
the day care center is in compliance the owner or operator of the day care center as
provided above shall be issued a day care permit
d) If at the time of inspection a day care center is found to not be in compliance
with this Code, a day care permit will be suspended or will not be issued After
notification of the violations or deficiencies which were detected the owner shall be
required to remedy the conditions of violation or deficiencies within a reasonable period
of time as prescribed by the director, but not to exceed thirty ( 30) days
e) If a day care permit is denied by Health Services the applicant may appeal by_
following the procedure specified in section 12-52.
f) Health Services shall keep on file the reports of inspections made of the day
care center as well as appropriate notices or directives to the owner or operator of anv
violations or deficiencies observed in the inspection
q) The owner or operator of the day care center shall operate the facility or cause
it to be operated at all times in compliance with the provisions of this article and other
applicable sections of the City Code. The owner or operator of the day care center shall
correct or cause to be corrected within the time period specified any violation or
deficiency that is identified by the Building Official or his designee
Sec. 12-36. Permit Application
a) Application for a permit to operate a day care center shall be submitted by the
owner on a form specified by Health Services.
b) The permit application shall state the owner's name address and telephone
number and the name and social security account numbers of all employees and staff
members of the day care center. -
c) The permit application shall indicate the name street and mailing addresses of
the day care center, status of food service provided for children and times of operation
d) Upon change of ownership a new application shall be made for a permit as
required in this Section. Health Services shall inspect the Dav Care Center prior to its
beginning operation to determine compliance with the requirements of this ordinance
Failure to comply with the requirements of this ordinance may result in denial
suspension, or revocation of a permit. �-
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e) The owner shall affirm that a Certificate of Occupancy has been applied for
with the Grapevine Building Inspection Department, its issuance contingent in part on
the successful application for a day care center permit.
f) Failure to provide all required information, or falsifying information required on
the application may result in denial, suspension, or revocation of the permit.
Sec. 12-37. Review of Plans
a) Whenever a Day Care Center is constructed or remodeled and whenever an
existing structure is converted to use as a Day Care Center, properly prepared plans
and specifications for such construction, remodeling or conversion shall be submitted to
the City of Grapevine Building Department for review and approval before construction,
remodeling or conversion is begun. The plans and specifications shall indicate the
layout and arrangement of any proposed food service areasindoorand outdoor areas
to be used for the day care center including mechanical plans; construction materials;
plumbing fixtures: the type of fixed equipment; and Playground and fall zone
specifications. The Building Department shall approve the plans and specifications if
they meet the requirements of the adopted City Codes.
b) No Day Care Center shall be constructed, remodeled or converted except in
accordance with plans and specifications approved by the Building Department. The
approved plans and specifications must be followed in construction, remodeling, or
conversion.
c) Whenever plans and specifications are required to be submitted, the Building
Department shall inspect the Day Care Center prior to its beginning operation to
determine compliance with the approved plans and specifications and with the
requirements of this ordinance.
d) Failure to follow the approved plans and specifications may result in permit
denial, suspension, or revocation.
Sec. 12-38. Permit Duration and Renewal
A Day Care Center Permit shall be valid for one (1) year from the date of
issuance, unless suspendedorrevoked as hereinafter provided. Any incorrect
information in the records of Health Services for the day care center shall be corrected
before the permit may be renewed.
Sec. 12-39. Permit Renewal, Denial, Suspension, and Revocation
a) Health Services is hereby authorized to deny, suspend, or revoke a Day Care
Center Permit for a violation of any provision of this Article. Denial, suspension or
revocation of a permit shall be effected by notice, in writing, setting forth the reasons
R:\AGENDA\08-20-02\health ordinance.doc 20
therefor and specifying any requirements or schedules of time for further action related
t
to the suspension or revocation.
b) The following actions shall constitute cause for denial or suspension•
1) Failure to respond within specified limits of time regarding violations
observed during a Health Services inspection of the premises and
operation:
2) Any violation of this Article which poses a safety or public health
hazard to any child entrusted to the care of the day care center;
3) Failure to posses a valid Day Care Center License or Accreditation
issued by Texas Department of Protective and Regulatory Services
according to Chapter 42 of the Human Resources Code.
4) Failure to meet the requirements of Chapter 42 of the Texas
Department of Protective and Regulatory Services Human Resources
Code, related to the requirements for criminal history check and
background search of central registry of reported cases of child abuse
for all persons who are present while children are in care
c) The following actions shall constitute cause for revocation:
1) Failure to correct a violation following suspension of the permit• and
2) Knowingly submitting false information or allowing false information to
be submitted, in the application for a permit.
d) Whenever a permit is denied, suspended or revoked the permit holder or
person in charge shall cease operations. Parents or legal guardians shall be
immediately notified of the denial, suspension, or revocation by the day care center so
that alternative child care arrangements can be made. Operations shall not resume
until such time as a re -inspection determines that conditions no longer exist causing
denial or suspension. The permit holder shall notify Health Services when the
conditions causing the denial or suspension have been corrected. The center may not
resume operations until Health Services verifies that the conditions have been corrected
and written authorization given. A sign shall be posted by Health Services at the
entrance of the building clearly visible to a reasonably observant person which states
"Closed By Health Services". Signs posted by the Building Official or his designee shall
not be altered or removed unless authorized by the Building Official or his designee.
e) A permit that has been revoked shall not be reissued.
Sec. 12-40. Permits — Non -transferable
No permit issued under this Article shall be used for any purpose other than that
for which it was issued, nor be transferred or assigned to or in any manner used by,
any person, firm or corporation other than the one to whom issued by the Buildinq
Official or his designee.
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Sec. 12-41. Display of Permit
The Day Care Center Permit shall be conspicuously- posted on an inside wall of
the main facility andshallbe continuously displayed in public view.
Sec. 12-42. Requirements for change of ownership of business
a) For purposes of this section, "change of ownership of the business of any da
care center" is defined as the sale, transfer, or exchange of any legal or equitable
interest in the business operating a day care center to another person. It shall not be
considered a "change of ownership of the business of any day care center' for purposes
of complying with the requirements of this section if the owner of the business changes
only the type of business entity holding ownership and the owner remains a controlling
partner or officer in the new entity.
b) Whenever a change in the ownership of the business of any day care center
occurs, the existing certificate of occupancy shall be automatically revoked, and the new
owner:
1) Shall submit to the Building Department a scale drawing of the floor
plan of the facility including, but not limited, to the following propose
room usage, equipment schedule, room finish schedule, plumbing
schedule, and outdoor play area and play equipment;
2) Shall pay the applicable plan review fee; and
3) Shall obtain a new certificate of occupancy.
c) The requirements of this section are in addition to a building permit or any
applicable inspections or reviews by any other city dement.
d) In the event of a change of ownership of the business of any day care center,
it shall be unlawful for a new owner to operate or cause to be operated a day care
center without first complying with all the requirements of this Article.
Sec. 12-43. Applicability ofothercity permits and certificates
It shall be unlawful for any persontooperate or cause to be operated a day care
center in the City of Grapevine without first obtaining a building permit, -certificate of
occupancy, or any other certificate or permit which may be required by any applicable
article or chapter of the City Code of the City of Grapevine. It shall be unlawful for an
persontooperate or cause to be operated a food service establishment or temporary
food service establishment at a day care center without adhering to all rules for
operation of such food service establishment, although said facility need not obtain a
separate permit for said use from Health Services. An owner of a day care center shall
also comply with all applicable City Code requirements before a permit is issued.
RAAGENDAM-20-02\health ordinance.doc 22
` Sec. 12-44. Food service requirements
General requirements shall be as follows:
a) All day care centers in which food is prepared for human consumption shall
comply with the pertinent food service regulations set forth in the City Code and in the
Rules on Food Service Sanitation (1977) as amended set forth by the Texas
Department of Health, and a copy of which is on file with the city secretary. Daycare
centers in which food is prepared on site must comply with all applicable food service
regulations.
b) Food service establishment permits or temporary food service establishment_
permits shall not be required in day care centers which do not prepare food on site
which have children bring their own lunches which serve only pre-packaged single
service snacks, or which prepare no food other than infant formula
c) All off-site food services used by a day care center must be permitted as a
food service facility by an appropriate health department or authority in the iurisdiction in
which the food is prepared. Furthermore, facilities receiving food from such food
service entities must have adequate and appropriate provisions for the holding and
serving of food and for the washing of utensils in accordance with the requirements of
the adopted City Code.
d) At all day care centers where food is prepared for human consumption
residential type refrigerators, freezers and ranges shall not be used for food preparation
or storage in the food preparation area. Only equipment that meets or exceeds the
standards established by the National Sanitation Foundation (NSF) will be approved for
use, except that, in areas other than food preparation areas residential type
refrigerators may be used for storage of infant formula iuices and medications requiring
refrigeration. Day care centers in operation upon adoption of this ordinance which were
equipped with residential type equipment may continue to use such equipment until
such equipment is replaced. All replacement equipment must meet or exceed the
standards established by the NSF.
Sec. 12-45. Sanitation and hygiene standards for day care center personnel
General requirements shall be as follows:
a) No owner, employee or volunteer who has a communicable disease as
defined by the Communicable Disease Prevention and Control Act or who is in a
contagious state, or who is afflicted with boils infected wounds sores or acute diarrhea
shall be permitted to care for children come into contact with children prepare food or
be allowed to work in any capacity where he or she can transmit the communicable
disease or infect other individuals in the facility.
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b) Owners, employees and volunteers shall wear clean clothing and maintain a
state of personal cleanliness while at the facility.
c) Owners, employees and volunteers shall thoroughly wash -their hands with
soap and warm water before starting work, during work as often as necessarV to keep
them clean, after smoking, eating, drinking, or using the toilet.
Sec. 12-46. Animal care
General requirements shall be as follows
8) Animals kept on or brought to day care center premises shall be licensed and
vaccinated against rabies if required by the adopted City Code.
Documentation of such vaccinations and registration shall be kept on file -at
b) The day care center and premises shall be kept free of stray animals.
c) Animals and their living spaces at a day care center shall be kept clean.
d) Turtles and psiftacine birds shall not be kept at or brought to day care center
premises. No wild animals or dangerous animals as those terms are defined by the
adopted City Code, shall be kept at or brought to day care center premis
Sec. 12-47. Provisions for the Control of Communicable Disease
a) All Staff shall clean their hands and exposed _portions of their arms with a
cleaning compound by vigorously rubbing together the surfaces of their lathered hands
and arms for at least twenty (20) seconds and thoroughly rinsing with clean water and
shall pay r)articular attention to the areas underneath the fingernails and between the
fingers. Staff shall keep their fingernails trimmed, filed, and maintained so the edqes
and surfaces are cleanable and D2!_Lough.
b) Staff must wash before preparing or serving food, before feeding a c hild or
handlin-g-food, after caring for a sick child, after diapering, after assisting a chid with
toileting, after coughing and sneezing, after cleaning soiled surfaces, and after engaging
in other activity that contaminates the hands.
c) Staff must assist children to ensure that their hands are thorouqh]V washed
before eating, after usinci the toilet, aftera diaper -change, after Playing outdoors, after
playing with pets, after coughing or sneezing, or after any activity that contaminates the
d) Permanent signs shall be conspicuously posted by all handsinks including
those in the restrooms, food service areas, and -classrooms, so as to be noticed by
RA\GEN ovdinamm.dno 24
normally observant individuals reminding all persons to wash hands Permanent signs=
including pictorial messages shall be posted for communication with children unable to
read.
e) Employees and staff members shall have received a Mantoux tuberculosis
skin test, with negative results within the last 2 years In the case of a positive result or
when a Mantoux tuberculosis skin test can not be administered a tuberculosis
examination shall be conducted by a physician and the person found not to be a risk for
the communication of tuberculosis. Subsequent testing may be required by Health
Services if the person is exposed to tuberculosis
f) Employees and staff members shall not present themselves for work when ill
with a contagious virus or other disease that may affect the health of other persons
Persons shall not be permitted in the day care center whose health status or behavior
suggests a hazard to the health safety and welfare of others including symptoms of a
contagious illness a dangerous mental or physical condition or symptoms of drug or
alcohol intoxication.
g) Any child with symptoms of a communicable disease such as oral fever at or
above 100.4°F, uncontrolled diarrhea (2 or more loose, watery stools in 24 hours) or
vomiting (2 or more episodes in 24 hours) shall be isolated from other children at the
day care center. Extra attention must be given to handwashing and sanitation until the
child can be picked up by a parent or other person(s) authorized by the parent
according to Section 42-45(c) of this Chapter.
Sec. 12-48. Safetv and Sanitation
a) A day care center shall not be located in a manufactured home or in any part
of a building other than the ground level unless approved by the Buildinq & Fire
Officials.
b) A day care center shall maintain an adequate amount of first-aid supplies
including, but not limited to soap antiseptic solutions absorbent cotton cotton -tip
applicators, sterile gauze, adhesive tape and adhesive bandages One (1) medium-
sized package or container of each of these first-aid supplies shall be maintained in
unopened reserve at all times. A magnifying glass thermometer and tweezers shall
also be available. First-aid procedures and supplies shall be applied including cleaning
and bandaging, for any cut or bleeding abrasion of the skin
c) The day care center shall take effective measures to maintain the structure
and grounds free of insect and rodent infestation Pest control services shall be
provided by an individual or business that is properly licensed by and in compliance with
the Texas Structural Pest Control Board requirements Pest control records must be
maintained by the day care center for a period of two (2) years and must be available
for review by Health Services.
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d) All equipment and furnishings such as high chairs, chairs, tables, cribs,
swings, or playpens shall be in good repair and shall be free of entrapment and
entanglement hazards.
e) The interior of the building shall be maintained free of debris and filth. Walls
and floors shall be maintained in good repair, structurally sound and free of holes,
dangerous protrusions or other obvious hazards. The floors including carpeting, tile or
other coverings shall be kept clean and free of accumulation of debris and filth.
f) Grounds around the child care facility must be maintained free of debris,
unnecessary items or any harborage for rodents or mosquitoes.
q) All fences, bridges, railings, and other ornaments or equipment on the
grounds that are accessible to the children must not pose an entrapment o
entanglement hazard. They shall comply with adopted City Codes.
Sec. 12-49. General facility design standards
a) General requirements
1 ) All stairs, porches, platforms and step elevations greater than thirty (30)
inches shall provide handrails or guardrails for usage by children in
accordance with the adopted City Codes.
2) All (including
glazing . windows and doors) shall be installed and
maintained in accordance with the adopted City Code.
3) All electrical outlets,- which are or may be accessible to or by children
younger than five (5) years old shall be protected by childproof covers or
safety outlets. All 220 -volt electrical connections, which are or may be
accessible to or by children younger than five (5) years old shall be
protected by a screen or guard.
4) The lead level of the water from each water tap and water cooler in the
facility, from which water is accessible to or consumed by children, must
be at or below the maximum levels allowed by the Texas Safe Drinking
Water Act, as amended.
b) Room finishes.
1) All surfaces of kitchen and restroom doors shall be smooth and easily
cleanable. All splash areas in kitchens and bathrooms and the walls
immediately adiacent thereto, shall have smooth and easily cleanable
surfaces. "Easily cleanable" shall mean that surfaces are readily
accessible and made of such materials and finish and so fabricated that
residue may be effectively removed by normal methods.
2) All floors shall be smooth, easily cleanable and free of the following:
cracks, bare concrete, splinters, sliding rugs, telephone jacks, and
electrical outlets.
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3) Carpets shall be closely woven, of short nap and kept clean and in good
repair. All carpets and carpeted areas shall be vacuumed daily and
shampooed as needed. Carpet use is prohibited in restrooms and
kitchens.
c) Sanitation control measures for fixtures and facilities.
1) All toilet fixtures and facilities shall be installed and maintained in
accordance with the adopted city plumbing code.
a. Commodes and urinals shall be located inside bathrooms and
equipped so that children are able to use them independentlVin_
accordance with the city plumbing code. Bathroom doors must have
no locks within the children's reach.
d) There shall be at least one (1) toilet and one (1) handwashing lavatory for
every seventeen (17) children.
e) There shall be separately designated restrooms for male and female.
f) All handwashing lavatories shallbe provided with hot and cold water under
pressure, tempered by means of a mixing valve or combination faucet. The facility must
ensure that the temperature of hot water available to children is no higher than one
hundred twenty (120) degrees Fahrenheit. Self-closing or metering faucets shall
provide a flow of water for at least fifteen 0 5) seconds without having to be reactivated
Soap and a hand -drying device or disposable towels shall be provided for use by both
staff and children.
q) Restroom facilities shall be cleaned and sanitized at least once daily and
more often if necessary. Restrooms shall be mechanically ventilated to control odors
Installation and maintenance of mechanical vents shall be in accordance with the city
mechanical code.
h) All toilets shall be equipped with open front toilet seats, and must comply with
the adopted city plumbing code.
i) Each sink shall be designated as a "single -purpose use" sink. Combination
fixtures, such as faucet/water fountains, are prohibited. Each day care center shall
have the following sinks:
1. There shall be at least one (1) handwashing lavatory in each
restroom or immediately adjacent to each restroom.
2. If the facility has a diaper changing station there must be a
handwashing lavatory in every room where there is at least one (1)
diaper changing station.
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3.
compartment sink in the food preparation area.
i) The source of potable water shall be from a public water supply, maintained
and operated according to Texas Department of Health Drinking Water Standards.
Water under pressure shall be provided in adequate supply to meet the provisions of
the Texas Department of Health Drinking Water Standards.
k) All sewage shall be discharged into a public sanita[y sewer system.
1) All refuse shall be kept in containers constructed and maintained of durable
material with tight fifting lids or covers, nonabsorbent and free from leaks. All containers
shall be kept covered when not in use. A sufficient number of containers shall be
available to hold all refuse. Refuse shall be stored in clean areas, away from the
children and shall be inaccessible by flies, insects, rodents and other pests.
m) All outer openings of a facility shall be protected against the entrance of flies,
insects, rodents and other Pests by outward opening and self-closing doors, clos�edj
windows, screens, or other effective means of protection and control as approved b
Health Services.
n) Toxic substances, both indoors and out, shall be -inaccessible to children at all
times. All containers holding toxic substances shall be clearly labeled to identify th
toxic substance contents.
o) All toxic substances shall be dispensed and used in such a manner so as to
prevent the toxic substance from constituting a hazard to the children or staff.
P) In the event that laundering is done on the premises, all clothes drVers shall
be vented to the exterior of the building in accordance with the adopted city mechanical
q) In all day care centers, all liaht fixtures shall either be properly shielded or
shall contain only shafterproof light bulbs. At leastfifty (50) foot candles of light shall be
provided in all areas of any room to which children have access.
Sec. 12-50. Interior design, activity areas
8\ General requirements:
1\ All equipment, materials and furnishings shall be of sturdy and safe
construction, easy to clean, free of sharp points or corners, splinters,
protruding nails, loose rusty r)arts, and paint which contains lead or other
poisonous materials.
2\ Each child shall be provided with individual storage space for personal
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b) Isolation area:
1_) All day care centers shall provide an isolation area or room for the use and
comfort of any child who becomes ill or is injured while at the facility. While
the isolation area or room is in use by an ill or injured child, the area or
room must be kept free of other children.
c) Diapering and toileting!
1) Infants and toddlers shall be diapered at a diaper station which is in a
central diapering area on a sanitized surface.
2) Diaper changing stations shall be located adjacent to handwashing
lavatories equipped with hot and cold water through mixing faucets as
required in the adopted city plumbing code and supplied with soap and
disposable towels. Hands of the diapered child and persons changing the
diaper shall be washed before and after each diaper change. The surface
of all diapering areas shall be sanitized after each use.
3) Disposable diapers, once used, shall be placed in a cleanable container
with a tight fitting lid. The container shall be lined with a moisture -proof
disposable liner which may not be reused. When the container is full the
liner and the used diapers shall be removed to a clean area away from
the children, and shall be inaccessible by flies insects rodents and other
pests. Cloth diapers, once used, shall be laundered or removed from the
facility daily.
4) Diaper changing stations shall be used only for the purpose of diaper
changing.
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3) Sleeping space and play areas may be used interchangeably so long as
adequate space for orderly storage of cots bedding and play equipment is
provided. All cots, cribs and mats shall be maintained in a safe and
sanitary manner. Hand contact areas of cribs shall be sanitized daily.
Each child shall have his or her own sleeping apparatus, which shall be
placed in such a manner so as to allow at least one (1) foot of open space
on all sides of the apparatus except where such apparatus is adiacent to a
wall or partition.
4) Individual cribs, portable cribs or playpens used for sleeping shall be of
safe and sturdy construction and equipped with mattresses covered with
waterproof material that can be cleaned. Crib sides shall have secure
latching devices. Vertical slats on cribs shall not be spaced more than two
and one-half (2 Y2) inches apart. There shall be no more than one and
one-half (1 Y2) inches of space between the mattress and bed frame when
the mattress is pushed flush to any one corner of the crib.
5) Linens shall be laundered at least once per week and more often if
necessary. Linens shared by children shall be laundered after each use
Linens used exclusively by one (1) child shall be stored separateiy from
those of other children.
b) Isolation area:
1_) All day care centers shall provide an isolation area or room for the use and
comfort of any child who becomes ill or is injured while at the facility. While
the isolation area or room is in use by an ill or injured child, the area or
room must be kept free of other children.
c) Diapering and toileting!
1) Infants and toddlers shall be diapered at a diaper station which is in a
central diapering area on a sanitized surface.
2) Diaper changing stations shall be located adjacent to handwashing
lavatories equipped with hot and cold water through mixing faucets as
required in the adopted city plumbing code and supplied with soap and
disposable towels. Hands of the diapered child and persons changing the
diaper shall be washed before and after each diaper change. The surface
of all diapering areas shall be sanitized after each use.
3) Disposable diapers, once used, shall be placed in a cleanable container
with a tight fitting lid. The container shall be lined with a moisture -proof
disposable liner which may not be reused. When the container is full the
liner and the used diapers shall be removed to a clean area away from
the children, and shall be inaccessible by flies insects rodents and other
pests. Cloth diapers, once used, shall be laundered or removed from the
facility daily.
4) Diaper changing stations shall be used only for the purpose of diaper
changing.
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5) Use of crib or floor as diaper changing station is prohibited.
d) Feeding:
1) A child's hands shall be washed immediately prior to and immediately
after consuming any food or beverage.
2) Food and beverages shall be served in separate containers for each infant
or child. Food and beverages shall not be served directly to a child from
the original container, unless it is a single portion, single -use container.
Once served to a person, portions of leftover food or beverages shall not
be served again, except that packaged foods or beverages, other than
potentially hazardous food, that are still packaged and are still in sound
condition, may be re -served.
3) Boftled infant formula shall be properly capped when not in use and shall
be identified with the child's name. Formula, once prepared or opened,
shall be refrigerated. Any formula prepared but not utilized on the day it is
opened or mixed shall be discarded at the end of that day.
Sec. 12-51. Exterior premise
General requirements shall be as follows:
a) Exterior premises shall be well -drained and maintained free of high grass,
poisonous plants, and pest harborages and breeding sites.
b) Exterior premises shall be free from cisterns and cesspools, and from
unprotected wells, grease traps, utility equipment, nuisances, and any other obiect o
condition which may be hazardous to children.
c) Outdoor play areas shall be surrounded by a fence. The fence shall be so
constructed as not to have openings, holes or gaps larger than four (4) inches in any
dimension except for doors and gates• and if a picket or iron fence is erected or
maintained, the horizontal dimension shall not exceed four (4) inches. The fence shall
have at least two (2) exits. An entrance to the building may count as one (1) exit, but
one (1) exit must be away from the building. Such fence shall comply with provisions of
the zoning ordinance and other applicable city codes and ordinances.
d) Playground equipment -constructed with protruding nails, screws, sharp
edges, splinters (rough, unsanded wood or other materials) and toxic paints (e.g., lead-
based paints) is strictly prohibited.
e) All Playground equipment shall be securely assembled and, where applicable,
securely anchored with unexposed anchors. Such equipment shall be installed,
situated, and maintained so as to prevent accidents and collisions.
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f) Swimming and wading pools more than twenty-four_(24) inches deep shall be
01-11 enclosed by a fence no less than six (6) feet in height which has a self-closing self-
locking pate. When a swimming or wading pool is not in use it must be kept out of the
reach of children.
g) A minimum free residual chlorine of 1.0 part per million units of water shall be
maintained in every swimming pool and wading pool when in use. No water in an
swimminq pool or wading pool when in use shall be permitted to show an acid reaction
to a standard pH test.
h) All pool chemicals and equipment shall be stored in a place and manner
which are at all times inaccessible to children. _
Sec. 12-52. Enforcement
The Buildinq Official or his designee shall have the authority and responsibility to
enforce the provisions of this article and applicable state statutes regarding day care
centers.
a) Health Services shall have the authority to inspect or visit all day care centers
at all reasonable times and as is determined necessary to ascertain if they are beim
maintained and operated in conformity with this article or if any conditions exist at a
facility which require correction. An inspection shall be made at least once eachear to
ensure that the facilities, grounds, and equipment are maintained in compliance with
this article and in a safe sanitary and healthy condition for the welfare of the occupants
and patrons of the day care center.
b) Health Services shall have the authority to give written notice to the owner of
a day care center of any violation of this article and/or requirement to comply with the
provisions of this article. If a day care center is found to be in operation without a day
care permit, Health Services shall have the authority to give written notice to the owner
of said facility to cease child caring activities immediately, irrespective of how the facility
is maintained or operated. Health Services may permit the day care center to remain in
operation with the provision that the facility obtain a day care permit within a reasonable
time, but said reasonable time may not exceed thirty (30) days
c) Health Services shall have the authority after giving written notice to suspend
the day care permit if it ascertains any violation causing immediate danger to a child
regarding: construction of the facility and on -premises buildings restrooms sanitation of
the facility, preparation, storage and handling of food storage of chemicals or any
harmful solution, infectious diseases, and hazards in outdoor play areas Suspension of
the permit shall require the operator to cease all child -caring immediately and to bring
the day care center into compliance with the directives from the department within a
prescribed time period. Failure to rectify designated problems at the day care center
within the prescribed time period shall lead to revocation of the permit
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d) Health Services shall have the authority to revoke any permit if they ascertain
that an owner or operator has failed or refused to comply with the minimum
requirements set forth in this chapter for a day care center, providing that the following
procedure is adhered to:
1) Health Services in writing by certified mail or by personal service, shall
notify the owner of the manner in which the owner or the day care
center fails to comply with the provisions of this chapter, and shall
specify a reasonable time by which the owner shall remedy said
failure.
2) If the owner fails to comply with the provisions of this chapter within the
time specified, Health Services shall give notice in writing to the owner
of the day care center that the permit issued for the operation of the
day care center is revoked. This action of revocation is in addition to
any criminal enforcement of this article.
3) The notice of revocation or a denial of a permit shall become final after
the expiration of ten (10) days from the date of service upon the owner
or operator of the daycare center in question, unless on or before the
expiration of ten (10) calendar days the owner or his duly authorized
agent shall file with the office of Health Services a written letter of
appeal briefly statingthereinthe basis for such appeal. A hearing shall
be held on a date no more than fifteen (15) days after receipt of the
letter of appeal unless extended by mutual agreement of the parties.
4) The hearings provided for in this chapter shall be conducted by the
City Manager or his designee who will designate the time and place for
the hearing Based upon the recorded evidence of such hearings, the
City Manager or his designee shall make a finding and shall sustain,
modify or rescind any notice or order considered in the hearing.
e) This hearing shall be deemed to exhaust the administrative remedies of the
person aggrieved.
Sec. 12-53 —12-61 Reserved.
Sec. 12-62. Purpose.
The purpose of this article is the establishment of minimum standards for the
construction operation and maintenance of public swimming pools and their related
facilities in order to protect the health and safety of the public.
Sec. 12-63. Designation of health authority.
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The City of Grapevine , Texas, designates the City of Euless Health Services as its
health authority for the purpose of ensuring minimum standards of environmental health
and sanitation within the scope of that department's function.
Sec.12-64. Definitions
Unless a provision explicitly states otherwise, the following terms and phrases
as used in this Article, shall have the meanings hereinafter designated.
• Building Official— Is the officer or other designated authority charged with the
administration and enforcement of this code, or the Building Official's duly
authorized representative.
• Deck —The surface surrounding a swimming pool that is intended to be used
for walking by those using the pool.
• Extensive remodeling — The replacement of or modification to a swimming
pool's structure, its circulation system or its appurtenances so that the
design, configuration or operation is different from the original design
configuration or operation. This term does not include the normal
maintenance and repair or the replacement of equipment which has been
previously approved if the size, type or operation of the equipment is not
substantially different from the original equipment.
• Health Services - City of Euless Health Department.
• Pool area — The water surface and deck of a swimming pool.
• Private swimming pool — A swimming pool located on the premises of a
single-family or duplex residence, under the control of the owner or tenant
the use of which is limited to members of the household and invited guests.
• Public swimming pool — Any swimming pool other than a private swimming
pool. The term shall include the deck and all related facilities such as
dressing and locker rooms, toilets, showers, and other areas designed for use
by the facility's patrons.
• Swimming pool — Any structure, basin, chamber, or tank designed to contain
an artificial body of water for swimming or diving or therapeutic or
recreational bathing. A swimming pool includes, without limitation but by way
of illustration, the following types of facilities:
1) Hydrotherapy pool or whirlpool — A swimming pool that is a special
bathing facility designed for therapeutic use and which is not drained
after each individual use. It may include, without limitation units
designed for hydroiet circulation.
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2) Spa — A swimming pool that is a special bathing facility designed for
recreational use and which is not drained after each individual use.
3) Spray pool — A swimming pool into which water is sprayed but is not
allowed to pond at the bottom.
4) Wading pool — A swimming pool with a maximum depth of not more
than thirty (30) inches.
5) Water recreation attraction — A swimming pool facility with design and
operational features which differ from a conventional swimming pool
and shall include, without limitation, water slides, water amusement
lagoons and rivers, and wave pools.
Sec. 12-65. Fees
a) Health Services shall charge fees for public swimming pools in addition to
those charged by the Building Department:
b) The fees shall be set forth in a schedule adopted by the City Council.
c) The fee schedule shall be available to the public at Health Services Office.
Sec. 12-66. Swimming Pool Permit Required
A person commits an offense if the person owns, operates, or manages a public
swimming pool without a valid permit issued by Health Services.
Sec. 12-67. Issuance of Permit
a) A person required to have a permit under this Article shall annually complete
a permit application on a form prescribed by Health Services.
b) Prior to the issuance of a permit, the applicant shall allow Health Services to
inspect the public swimming_ pool and pool water for compliance with the requirements
of this Article.
1 ) Health Services will inspect any newly constructed pool, any
extensively remodeled pool and any pool under new ownership prior to
the issuance of a permit.
2) Health Services may inspect all other pools, at their discretion, prior to
the issuance of a permit.
3) Health Services may require the applicant to provide satisfactory
evidence that the public swimming pool meets the permit conditions of
Section 12-68,
4) Health Services may not issue a permit until the public swimming pool
passes any required inspection and all applicable fees have been paid.
5) A permit is valid only for the public swimming pool for which it is
issued. A separate permit shall be required for each pool located on
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the same premises. However, a group of pools sharing a common
filtration system may be operated under a single permit A permit is
not transferable to other persons or pools.
6) A permit is valid for one year from the date of its issuance unless•
a. It is suspended or revoked by Health Services; ^�
b. The pool changes ownership; or
c. The pool is remodeled extensive.
Sec. 12-68. Permit Conditions
As a condition of obtaining and keeping a permit a public swimming pool shall at
all times be in compliance with the following permit conditions:
a) The public swimming pool shall meet or exceed Texas Health and Safety
Code, § 341.064, "Swimming Pools and Bathhouses" as currently enacted or as it may
hereafter be amended.
b) The public swimminq pool shall meet or exceed all applicable provisions of 25
T.A.C. 337.71, et seq., "Design Standards for Public Swimming Pool Construction" as
currently enacted, or as may hereafter be amended.
c) Fencing or other enclosures for the public swimminctpool shall meet or
exceed the requirements of Vernon's Texas Code Annotated, Health and Safety Code
Chapter 757, "Pool Yard Enclosures" as currently enacted or as it may hereafter be
amended.
d) All plumbing, electrical work, mechanical facilities and structures for the
public swimming pool shall meet or exceed all applicable requirements of all other
codes and ordinances including, but not limited to the Building Code Electrical Code
Plumbing Code, and the Zoning Ordinance of the City of Grapevine
e) Storage of pool chemicals shall meet or exceed all applicable requirements
per manufactures recommendations on label.
f) Pool water shall be maintained so as to prevent the breeding or harbora e of
insects.
q) Pool water shall be of sufficient clarity to allow sight to the main drain at all
times.
h) Pool water shall not emit odors that are foul and offensive to a person of
reasonable sensibilities.
i) A permit holder or applicant shall give Health Services access at all
reasonable times to inspect the public swimming pool and to take water samples to
determine compliance with this Article.
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j) A public swimming pool permit shall be prominently displayed on the pool
premises and be available at all times for inspection by Health Services.
k) A trained pool operator shall be readily available to monitor and maintain the
public swimming pool during all hours of operations
1) Drainage and/or backwash from swimming pools shall be discharged to the
sanitary sewer system only.
Sec. 12-69. Plans Review — New and Remodeled Pools
a) Prior to beginning the construction of a new public swimming pool or the
extensive remodeling of an existing public swimming pool, the owner shall submit plans
and specifications for such construction or remodeling to the Building Department for
review.
b) The plans and specifications shall indicate the proposed layout arrangement,
mechanical plans, construction materials and the type and model number of proposed
fixed equipment and facilities.
c) The plans and specifications shall be submitted under the seal of a
professional engineer with the statement that they meet the requirements of Sections
12-68 (b), (c), (d), (e), (i) and (I
d) No work shall begin until the Building Department has reviewed the plans and
advised the owner that work may begin, and the owner or the owner's contractor has
obtained all required permits for such work from the Building Official or his designee.
Work shall commence and conclude within the time allowed by such permits.
Deviations from approved plans shall not be permitted.
Sec. 12-70. Trained Pool Operators
a) The owner or person in control of a public swimming pool shall designate one
or more trained pool operators for the pool. A trained pool operator shall be readily
available during all hours of operation to monitor the public swimming pool and maintain
it in a safe and sanitary manner.
b) In order to be considered trained, a pool operator shall successfully complete
a basic 8 hour course in swimming pool maintenance and safety, a list shall be provided
by Health Services.
c) A person commits an offense if the person owns or is in control of a public
swimming pool which does not have a trained pool -operator readily available during all
hours of pool operation.
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d) A person who owns or is in control of a public swimming pool shall maintain
proof on the premises that the pool has a designated trained pool operator and shall
present such proof to Health Services upon demand.
e) In a prosecution for a violation of Subsection (d) failure to present proof of a
designated trained pool operator to Health Services shall constitute prima facie
evidence that a trained pool operator is not readily available during all hours of
operation.
f) If a trained pool operator is not employed onsite at the public swimming pool,
the owner or person in control of the pool shall post signs at all entrances to the pool
stating the telephone number or pager number of the trained pool operator. The letters
in such signs shall be of a minimum height of one inch (1"), and shall be of a color
contrasting to their background. City of Grapevine municipal facilities and
Grapevine/Collevville Independent School District are exempt from these requirements
1) At a minimum, such signs shall state:
"TO REPORT MECHANICAL, SAFETY OR WATER QUALITY
PROBLEMS WITH THE POOL, CALL DURING
POOL HOURS."
"FOR FIRE, POLICE, OR AMBULANCE IN AN EMERGENCY DIAL
2) Such signs shall be of weather -resistant construction and shall be
posted where they are readily visible to a reasonably observant
person.
g) A person commits an offense if the person owns or is in control of a public
swimming pool with no trained pool operator employed on-site and with criminal
negligence fails to post or maintain signs required by subsection (f).
h) A swimming pool permit application shall name the designated trained Dool
operator for the public swimming pool for which a permit is sought. If the designated
trained pool operator changes during the term of the permit the owner or person in
control of the pool shall immediately report such change to Health Services
i) A person commits an offense if the person owns or is in control of a public
swimming pool and knowingly fails to report a change of trained pool operator as
required by subsection (h).
i) A person who is a designated trained pool operator of a public swimming pool
commits an offense if the person fails to test the pH level and the chlorine or disinfectant_
level in the pool a minimum of twice per day.
Sec. 12-71. Maintenance of Pool Records
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a) A designated trained pool operator shall maintain records of all pH level and
chlorine or disinfectant level tests performed on a public swimming pool during the
permit term.
b) The records shall state the results of such tests, the time and date the tests
were made, and the level of pool usage at the time.
c) Such records shall be maintained on-site at the public swimming pool for no
less than two years, and shall be made available immediately upon the request of
Health Services. Such records for City of Grapevine municipal facilities and
Grapevine/Colleyville Independent School District shall be kept at a designated centrally
located facility.
d) A person commits an offense if the person owns, is in control of, or is a
trained pool operator of a public swimming pool and with criminal negligence fails to
maintain records as required by this section.
e) A person commits an offense if the person owns, is in control of, or is a
trained pool operator of a public swimming pool and fails to make records required b
this section available immediately upon the request of Health Services.
Sec. 12-72. Nuisance
a) A public or private swimming pool is hereby declared to be a nuisance if:
1 ) water at the public swimming pool is not maintained so as to prevent
the breeding or harborage of insects; or
2) water at the public swimming pool emits an odor that is foul and
offensive to a person of reasonable sensibilities.
3) Clarity of the water as degraded to a point that the main drain is not
visible in normal lighting conditions.
b) Health Services may give notice to the owner of the Property on which a
nuisance under this section is located to abate, remove or otherwise remedy such
nuisance immediately.
a) The notice must be given:
1) personally to the owner in writing,*
2) by letter addressed to the owner at the owner's post office address and
sent by certified mail, return receipt requested; or
3) if personal service cannot be obtained or the owner's post office
address is unknown:
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a. by publication in the official newspaper of the City at least twice
within ten (10) consecutive days
b. by posting the notice on or near the front door of each building
on the property to which the violation relates; or
c. by posting the notice on a placard attached to a stake driven
into the ground on the property to which the violation relates if
the property contains no buildings.
d) If the public swimming pool has a valid or suspended permit issued pursuant
to this Article and the permit holder is not the same person as the owner of the property,
notice shall also be given to the permit holder.
e) If the property owner does not comply with the notice within ten (10) days of
service, the Buildinq Official or his designee may enter the property containing the
nuisance and do any work necessary to abate the nuisance.
f_) If immediate abatement of the nuisance is deemed necessary by the Building
Official or his designee to protect the public health safety or welfare from an imminent
hazard, the Buildinq Official or his designee may, without complying with the notice
provisions of this section, enter the property containing the nuisance and do or cause to
be done any work necessary to abate the nuisance.
g) All costs incurred by the City to abate a nuisance including the cost of giving
notice as required, shall initially be paid by the City and charged to the owner of the
property. The City may assess the expenses or obtain a lien against the real estate on
which the work was done.
Sec. 12-73. Grounds for Permit Denial
a) The Buildinq Official or his designee may deny the issuance of a swimming
pool permit:
1) if the applicant has been convicted of one or more violations of this
Article or Texas Health and Safety Code § 341.064 within the twelve
(12) months preceding the date of the application;
2) if any of the permit conditions of Section 12-68 are not met;
3) if a swimming pool permit held by the applicant for the same premises
is under suspension at the time of the application or was revoked
within the twelve (12) months preceding the date of the application; or
4) if the applicant makes a materially false statement on the application or
there is any false statement or misrepresentation as to a material fact
in any plans and specifications submitted pursuant to this Article
b) An applicant whose permit is denied will be notified by the Buildinq Official or
his designee within ten (10) dans of the date of the denial The Buildinq Official or his
designee shall set out the grounds for the denial.
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c) An applicant whose permit is denied may request an appeals hearing within
ten (10) days after the notice of denial. Such request shall be in writing, shall specify
the reasons why the permit should not be denied, and shall be filed with the City
Manager or his designee.
Sec. 12-74. Grounds for Suspension or Revocation of Permit
After notice and hearing, the Building Official or his designee may suspend for up
to one hundred and eighty (180) days or may revoke a public swimming pool permit if:
a) the permit holder or person in control of the public swimming pool is convicted
of a violation of this Article or Texas Health and Safety Code, 341,064 during the term
of the permit,
b) the permit holder or person in control of the pool fails to comply with any o
the permit conditions set forth in Section 12-68;
c) the permit holder or person in control of the pool fails to comply with an
inspection report order;
d) the permit holder or person in control of the pool disobeys a closure order
issued by the Building Official or his designee pursuant to this Article; o
e) the permit holder made a materially false statement on the permit application
or there is any false statement or misrepresentation as to a material fact in any plans
and specifications submitted pursuant to this Article.
Sec. 12-75. Right of Entry
a) The Building Official or his designee may enter the premises of public
swimming pools at all reasonable times whenever it is necessary to make an inspection
to enforce any of the provisions of this Article, to collect water samples, or whenever
Health Services has probable cause to believe that a violation of this Article exists on
such premises.
b) Health Services shall first present appropriate credentials and demand entry i
the premises are occupied. If the premises are unoccupied, Health Services shall first
make a reasonable attempt to locate the owner or person in control of the premises and
demand entry.
c) If entry is denied or if a person in control cannot be located, Health Services,
shall have every recourse provided by law to secure entry. Such recourse shall include
the right to obtain a search warrant under the provisions of Article 18.05 of the Texas
Code of Criminal Procedure.
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k�)
Sec. 12-76. Inspection Reports
a After inspecting a Public swimmingpool pursuant to this Article, 1' Heal#h
Services may prepare a written inspection report Such report shall specify the
violations observed during the inspection and order the owner or person in control to
bring the facility into compliance with this Article by a specified time
b) Health Services shall furnish a copy of the inspection report to the owner or
person in control of the facility. --
c) The inspection report shall state: "FAILURE TO COMPLY WITH THE
ORDERS OF THIS REPORT MAY RESULT IN THE ISSUANCE OF CRIMINAL
CITATIONS THE CLOSURE OF THE POOL FACILTY THE SUSPENSION OR
REVOCATION OF YOUR SWIMMING POOL PERMIT AND THE EXERCISE OF ALL
OTHER REMEDIES ALLOWED BY LAW."
d) A person commits an offense if the person owns or is in control of a public
swimming pool and fails to comply with an order issued pursuant to this section
Sec. 12-77. Closure Order
a) Health Services may order a public swimming pool closed if it determines:
1) that it is being operated without a valid public swimming pool permit;
2) that it is being operated without a trained pool operator readilv
available durinq all hours of pool operation; or
3) that the continued operation of the pool will constitute an imminent
hazard to the health or safety of persons using the facility or those in
close proximity to the facility.
b) After Health Services closes a public swimming pool the owner or person in
control of the pool shall immediatelL
1) properly post and maintain signs at all entrances to the public
swimming pool that state: "POOL CLOSED"; and
2) lock all doorways and -gates that form a part of the public swimming
pool enclosure.
c) Signs required by subsection (b) shall be provided by Health Services Signs
shall be positioned so that they are readily visible to a reasonably observant person
d) If the owner or person in control of the public swimming pool is absent or fails
or refuses to comply with subsection (b) and (c) Health Services may post signs and
secure the premises in accordance with this section
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e) A person commits an offense if the person owns or is in control of a public
swimming pool subject to a closure order and fails to comply with subsections (b) or (c)
of this section.
f) A person other than Health Services commits an offense if the person
removes, defaces, alters, covers or renders unreadable a closure sign.
q) A person commits an offense if the person uses for swimming, diving o
bathing a public swimming pool that has been closed by Health Services and which is
properly posted as required by this section.
h) A person commits an offense if the person owns or is in control of a public
swimming pool subject to a closure order and knowingly allows persons to use, the pool
for swimming, diving, or bathing.
i) A public swimmingpoolclosed by Health Services shall not resume operation
until a re -inspection by Health Services determines that the facility has been brought
into compliance with this Article and other applicable laws and regulations.
6) A permit holder may appeal a -closure order to Health Services within three (3)
days after the issuance of the order. The appeal shall be in writing, shall set forth the
reasons why the closure order should be rescinded, and shall be filed with the City
Manager's Office. The filing of an appeal does not stay the closure order.
Sec. 12-78. Hearings Procedures
1 ) The hearings provided for in this chapter shall be conducted by the
City Manager or his designeewhowill designate the time and place for
the hearing. Based upon the recorded evidence of such hearings: the
City Manager or his designee shall make a finding and shall sustain,
modify or rescind any notice or order considered in the hearing.
2) Decisions shall be made based on a preponderance of the evidence,
with the City having the burden of proof.
3) This hearing shall be deemed to exhaust the administrative remedies
of the person aggrieved.
Sec. 12-79 through 12-82 reserved
ARTICLE IV. FEES
Sec. 12-83. Food and food services establishments.
Annual permit fee for food service establishment
permit, license or certificate ...................................... $235.00
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Food handler certificate $ 10.00
�t
Replacement for lost food handler certificate $ 5.00
Annual mobile food service establishment
pervehicle ........................................... $125.00
Temporary food service establishment permit
per event location/booth..................... $ 75.00
Seasonal food establishment .................... —...$200.00
Retail establishments that do not prepare foods $235.00
Nursing homes.. $100.00
Section 12-84. Retail food stores.
Annual permit fee ....................................... $235.00
Section 12-85. Day Care, Public Pools.
Swimming pools, spas public annual........ $200.00
Day care, annual .......... $100.00
ARTICLE V. MISCELLANEOUS
Sec. 12- 86. Private water supplies; prohibited when city water available
It shall be unlawful for any person to supply water to the residences businesses
or industries within the city by the use of a water well or any other method when the city
water supply is available.
(Ord. No. 69-30, 8-19-69)
Cross references — Plumbing code S 7-171; required connection to water main S 25-21:
required connection to city sewer, $� 25-23 25-69
State law reference — Protection of public water supply, V T C A Health and Safety Code $
341.033.
Sec. 12- 87. Noise — Character, intensity and duration detrimental to health or life
It shall be unlawful for any person to make or cause to be made noise of such
character, intensity and duration as to be detrimental to the life or health of any
individual in the city.
(Ord. No. 68-38, § 1, 12-3-68)
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Sec. 12-88. Same - Unreasonably loud, disturbing and unnecessary.
It shall be unlawful for any person to make or cause to be made any
unreasonable loud, disturbing and unnecessary noise in the city which is offensive to
the ordinary sensibilities of the inhabitants of the city, which noise renders the
enioyment of life or property uncomfortable or interferes with public peace and comfort.
(Ord. No. 68-38, 2, 12-3-68
Sec. 12- 89. Same - Enumeration.
The following
acts, among others, are declared to create loud, disturbing and
unnecessary noises and shall be deemed a violation of this Code, but such enumeration
shall not be deemed to be exclusive:
(1)
The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle while not in motion, except as a
danger signal, as may be required by state law, if another vehicle is
approaching apparently out of control or if another vehicle is
backing, starting or turning in such a way as likely to cause a
collision.
(2)
The sounding of any horn or signal device on any automobile,
motorcVclebus or other vehicle while in motion, except as a
danger signal, as required by state law.
(3)
The playing of any radio, phonograph, television set, or musical
instrument in such a manner, or with such volume as to disturb the
peace, quiet, comfort or repose of persons in any dwelling,
apartment, hotel or other type of residence.
(4)
The keeping of any animal or fowl which emits or makes an
unreasonably loud, disturbing and unnecessary noise.
Cross references - Keeping animals which create disturbances, � 6-3; condition
of permit to keep dogs or cats, § 6-20( c)(4).
(5)
The use of any automobile motorcycle, bus or vehicle so out_of
repair or so loaded as to emit or create loud or unnecessary
grating, grinding or rattling noise.
(6)
The blowing of any steam whistle attached to any stationary boiler,
except to give notice of the time to begin or stop work or as a
warning of danger.
(7)
The discharge into the open air of the exhaust from any stationary
steam engine, stationary internal combustion engine or motor boat
engine, except through a muffler or other device which effectively
and efficiently prevents loud or unusual noises, annoying smoke
and the escape of gas or steam.
(8)
The discharge into the open air of the exhaust from any motor
vehicle except through a muffler, or other device, which effectively
and efficiently prevents loud and unusual noises and annoying
smoke.
(9)
The erection, including- excavation, demolition, alteration, repair o
related work for any building or structure in a residential district or
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non-residential district, abutting a residential district excluding any
inside work done in an enclosed building or structure in
nonresidential districts, other than between the hours of 7.00 a.m.
and 7:00 p.m., on Monday through Saturday, except in the case of
urgent necessity in the interest of public safety for which a permit
shall be obtained from the building official or his designee_
(10)
The creation of any unreasonably loud disturbing and unnecessary
noise on any street adiacent to any school or court which is in
session or adiacent to any hospital-, provided that conspicuous
signs are located in such streets indicating that schools hospitals
and courts are adiacent thereto.
(11)
The creation of unreasonably loud, disturbing and unnecessary
noises in connection with the loading or unloading of any vehicle
the opening and destruction of bales boxes crates and containers
or the sounding of any bell or gong attached to any building located
on any premises which disturbs the quiet or repose or persons
occupying adioining property or those occupying propertv across
any street, alley or other public way, and within a 200 foot radius
(12)
The shouting and crying of peddlers hawkers and vendors which
disturbs the quiet and peace of the neighborhood.
(13)
The use of any drum, loudspeaker or other instrument or device for
the purpose of attracting attention by the creation of noise to any
performance, show, sale or display of merchandise or to attract
customers to any place of business.
(14)
The use of mechanical loudspeakers or amplifiers on trucks or
other moving vehicles for the purpose of advertising anv shows
sale or display of merchandise.
(15)
Within any property zoned and developed pursuant to Section 23 L-
B — Limited Business District and Section 24 C -N — Neighborhood
Commercial District of the city's Basic Zoning Ordinance No 82-73
which property is contiguous to property developed and improved
with single-family detached dwellings it shall be unlawful to deliver,
unload, deposit or allow and permit to be delivered unloaded or
deposited any commercial goods wares products food products
or any other commodities to be used for commercial purposes
between the hours of 10:00 p.m. and 7:00 a m the next day,
provided, however, it shall be an affirmative defense to a complaint
filed under this subsection that a dire emergency exists that would
require the delivery, unloading or depositing of commercial
products in order to preserve and protect the public health safety
morals and general welfare of the citizens of the city. The party
charged with an offense under this subsection has the burden of
proof relative to this affirmative defense.
(Ord. No. 68-38, $ 4, 12-3-68• Ord. No. 83-28 $ 1 6-7-83• Ord No 91-
42, �
-
1, 7-2-91; Ord. No. 91-44 � 2 7-16-91 • Ord No 91-49 1 8-691)
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Sec. 12- 90. Same — Exception as to certain vehicles.
It shall be unlawful for any vehicle to be equipped with and for any person to use
upon a vehicle any bell, siren, or compression or exhaust whistle, except that vehicles
operated in the performance of duty by law enforcement officers, the fire department
and ambulances may attach and use a bell, siren, or compression or exhaust whistle.
Sec. 12- 91. Same — Refusal to cease.
A person shall be deemed to have willfully and knowingly violated one or more of
the terms of sections 12-87 through 12-90, if such person shall have been notified by
the neighbors or the chief of police or any --police officer of such disturbance and shall
have refused for a period of 24 hours to correct such disturbance and prevent its
recurrence. (Ord. No. 68-38, 6,12-3-68)
Section 2. That Chapter 12, Health and Sanitation, Article 11, Nuisances, is
hereby renumbered, _Chapter 12
2, Article VI, Nuisances. Sections 12-20 through 12-39
are hereby renumbered 12-92 through 12-111.
Section 3. That Section 12-40. Same - Collection of expense is hereby renumbered
Section 12-112, and amended to read as follows:
Sec. 12- 40 112. Same — Collection of expense.
The City manager or city health officer shall file a statement of such
expenses incurred under section 12- 38 110, or section 12- 3-9 111 as the case may
be, giving the amount of such expenses, the date on which said work was done or
improvements made, with the county clerk; and the city shall have a privileged lien on
such lots or real estate upon which said work was done or improvements made to
secure the expenditures so made, in accordance with the provisions of V.T.C.A., Health
and Safety Code 342.001 et seq., which lien shall be second only to tax liens and liens
for street improvements; and said amount shall bear ten percent interest from the date
said statement was filed. Further, for any such expenditures, and interest, as aforesaid,
suit may be instituted and recovery and foreclosure of said lien may be had in the name
of the city; and the statement of expenses so made, as aforesaid, or a certified copy
thereof, shall be prima facie proof of the amount expended for such work or
improvements.
Note — See the editor's note following 12-38
Cross references — Leaving vehicles on public property, § 12-22; abatement, §§ 12-24 et seq.;
impoundment, § 23-91.
Section 4. That Chapter 12, Health and Sanitation, Sections 12-41 through 12-
49, are hereby renumbered 12-113 through 12-121.
Section 5. That section 12-50, Definitions, is hereby renumbered Section 12-
122. Definitions. The definition "Motor vehicle" is hereby amended to read as follows:
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Sec. 12- 50 122 . Definitions
Motor Vehicle means a motor vehicle subject to registration under V.T.C.A.,
Transportation Code § 501.001 et seq., the Certificate of Title Act; except for purposes
of sections 12- 52-.42- 124.2, 12- 5273 124.3, and 12-52.4 of this division, "motor
vehicle" includes a motor boat, outboard motor or vessel subject to registration under
V.T.C.A., Parks and Wildlife Code § 31.001 et seq.
Section 6. That sections 12-51 through 12-54 are hereby renumbered 12-123
through 12-126.
Section 7. That section 12-54.1., Disposal of abandoned motor vehicles, is
hereby renumbered 12-126.1 and subsection (a) is hereby amended to read as follows:
Sec. 12-544.126.1 Disposal of abandoned motor vehicles.
(a) If an abandoned motor vehicle has not been reclaimed as provided in section
12-52-.-2- - 124.3 of this division, the police department shall sell the
abandoned motor vehicle at a public auction. Proper notice of the time and
place shall be served to the owner and all lienholders. The purchaser of the
motor vehicle takes title to the motor vehicle free and clear of all liens and
claims of ownership, shall receive a sales receipt from the police department,
and is entitled to register the purchased vehicle and receive a certificate of
title. From the proceeds of the sale of an abandoned motor vehicle, the
police department shall reimburse itself for the expenses of the auction, the
cost of towing, preserving and storing the motor vehicle that resulted from
placing the abandoned motor vehicle in custody, and all notice and
publication costs incurred. Any remainder from the proceeds of a sale shall
be held for the owner of the vehicle or entitled lienholder for 90 days and
then shall remain available for the payment of auction, towing, preserving,
storage and all notice and publication costs that result from placing another
abandoned vehicle in custody, if the proceeds from a sale of another
abandoned motor vehicle are insufficient to meet these expenses and costs.
Section 8. That sections 12-55 through 12-57 are hereby renumbered 12-127
through 12-129.
Section 9. That section 12-58 is hereby renumbered 12-130, and amended to
read as follows:
Sec. 12-59 130. Complaint.
If a public nuisance as herein defined is not removed and abated, and a hearing
is not requested within the ten day period as provided in section 12-52 124, a complaint
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for the violation of maintaining a public nuisance may be filed in the municipal court of
the city.
Section 10. That sections 12-59 through 12-62 are hereby renumbered 12-131
through 12-134.
Section 11. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense
shall be deemed committed each day during or on which an offense occurs or
continues.
Section 12. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 13. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals,
peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health,
safety and general welfare of the public which requires that this ordinance shall become
effective from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the day of , 2002.
•-:• X03
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
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■
John F. Boyle, Jr.
City Attorney
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