HomeMy WebLinkAboutAM2023-05ITEM #23
ORDINANCE NO. 2023-077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES CHAPTER 12, HEALTH AND
SANITATION; 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 ORON WHICH A VIOLATION OCCURS;
REPEALING CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine is authorized toadopt ordinances to protect the
health, safety, and welfare of its citizens; and
WHEREAS, the City of Grapevine has determined that itis 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 all constitutional and statutory prerequisites for the approval of this
Ordinance have been met, including but not limited to the Open Meetings Act; and
WHEREAS, the City Council has determined than amendment to Chapter 12,
Health and Sanitation, of the Code of Ordinances is in the best interest of the ofthe health,
safety, and welfare of the City of Grapevine and the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as ifcopied in their entirety.
Section 2. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 1. Generally, Section 12-2. Designation of health authority. is hereby amended
to read as follows:
Sec. 12-2. Designation ofhealthauthority.
The city designates Tarrant County Public Health as its health authority for the
purpose of ensuring minimum standards of environmental health and sanitation within
the scope ofthat department'sfunction.”
ITEM #23
Section 3. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 1. Generally, Section 12-4. Fees. is hereby created to read as follows:
Sec. 12-4. Fees.
a) Health services shall charge fees for food establishments in addition to those
charged by the Building Services Department.
b) The fees shall be set forth in a schedule adopted by Tarrant County Public Health
Department and the city council.
c) The fee schedule shall be available to the public at the health services office.”
Section 4. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration, Section 12-4. Amendment standards. is hereby
renumbered, renamed and amended to read as follows:
Sec. 12-5. Regulations adopted andamendment standards.
The provisions of the current rules or rules as amended are herein adopted
together with the additions, deletions, and amendments hereinafter contained in 25 Texas
Administrative Code, Chapter 228.”
Section 5. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration, Section 12-5. Food handler card required
through Section 12-20. Additional requirements for mobile ice cream vendors and other
vehicles vending products to children. is hereby renumbered and amended to read as
follows:
Sec. 12-6. Foodhandler cardrequired.
Sec. 12-7. Foodhandling classrequired; food handler card.
Sec. 12-8. Foodestablishments permits required.
Sec. 12-9. Classification ofpermits.
Sec. 12-10. Permits - Authority toissue.
Sec. 12-11. Permits - Application.
Sec. 12-12. Review ofplans.
Sec. 12-13. Posting offoodestablishment andtemporaryfood
establishment permits.
Sec. 12-14. Permits - Duration.
Sec. 12-15. Permits - Non-transferable.
Sec. 12-16. Inspection frequency.
Sec. 12-17. Inspections regulations.
Sec. 12-18. Examination andcondemnation offoodgenerally.
Sec. 12-19. Procedure wheninfection issuspected.
Sec12-20. Remedies.
Sec. 12-21. Additional requirements formobileicecreamvendors andother
vehicles vending productstochildren.”
Ordinance No. 2023-077 2
ITEM #23
Section 6. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 3. Enforcement., Section 12-21. Enforcement options. through Section 12-24.
Reserved. is hereby renumbered and amended to read as follows:
Sec. 12-22. Enforcement options.
Sec. 12-23. License, certificate orpermitsuspension.
Sec. 12-24. Revocation proceedings.
Sec. 12-25 - 12-30. Reserved.”
Section 7. That Chapter 12, Health and Sanitation, Article II. Day Care Centers,
Section 12-37. Review ofplans. is hereby amended to read as follows:
Sec. 12-37. Review ofplans.
a) Whenever aday care center isconstructed 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 Services Department for review and approval before
construction, remodeling or conversion is begun. The plans and specifications shall
indicate the layout and arrangement of any proposed food service areas, indoor and
outdoor areas to be used for the day care center including mechanical plans;
construction materials; plumbing fixtures; the type of fixed equipment; and
playground and fall zone specifications. The building department shall approve the
plans and specifications ifthey meet the requirements of the adopted city codes. The
plans shall be submitted separately to health services for review of compliance with
these rules.
b) No day care center shall be constructed, remodeled or converted except in
accordance with plans and specifications approved by health services. The approved
plans and specifications must be followed in construction, remodeling, or conversion.
c) Whenever plans and specifications are required to be submitted, health services
shall inspect the day care center prior to its beginning operation to determine
compliance with the approved plans and specifications and with the requirements of
this article.
d) Failure to follow the approved plans and specifications may result in permit denial,
suspension, or revocation.”
Section 8. That Chapter 12, Health and Sanitation, Article III. Public Swimming
Pools, Section 12-64. Regulations adopted and amendment standards. is hereby created
and amended to read as follows:
Sec. 12-64. Regulations adoptedand amendment standards.
The provisions of the current rules or rules as amended are herein adopted together with
the additions, deletions, and amendments hereinafter contained in Texas Health and
Safety Code, Title 5, Subtitle A, Chapter(s) 341.064, 341.0645 and341.0695; Texas
Health and Safety Code, Title 1, Chapter 1 Section 1.005, and Texas Health and Safety
Ordinance No. 2023-077 3
ITEM #23
Code, Tile 9, Subtitle A, Chapter 757; and Standards for Public Pools and Spas (Texas
Administrative Code, Title 25, Chapter 265, Subchapter L), Public Interactive Water
Features and Fountains (Texas Administrative Code, Title 25, Chapter 265, Subchapter
M) and Pool Yard Enclosures (Texas Health and Safety Code Chapter 757).”
Section 9. That Chapter 12, Health and Sanitation, Article III. Public Swimming
Pools, Section 12-64. Definitions. through Section 12-79. Reserved. is hereby
renumbered and amended to read as follows:
Sec. 12-65. Definitions.
Sec. 12-66. Fees.
Sec. 12-67. Swimming poolpermitrequired.
Sec. 12-68. Issuance ofpermit.
Sec. 12-69. Permitconditions.
Sec. 12-70. Planreview - Newand remodeled pools.
Sec. 12-71. Trained pooloperators.
Sec. 12-72. Maintenance ofpool records.
Sec. 12-73. Nuisance.
Sec. 12-74. Grounds forpermit denial.
Sec. 12-75. Grounds forsuspension orrevocation ofpermit.
Sec. 12-76. Rightofentry.
Sec. 12-77. Inspection reports.
Sec. 12-78. Closure order.
Sec. 12-79. Hearings procedures.
Sec. 12-80 - 12-82. Reserved.”
Section 10. That Chapter 12, Health and Sanitation, Article III. Public Swimming
Pools, Section 12-69. Plans Review – New and remodeled pools. is hereby renumbered,
renamed and amended to read as follows:
Sec. 12-70. Planreview - Newand 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 Services
Department for review. The plans shall be submitted separately to health services for
review and compliance with these rules.
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) 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'scontractor 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.”
Ordinance No. 2023-077 4
ITEM #23
Section 11. That Chapter 12, Health and Sanitation, Article IV. Fees, Section 12-
83. Food and food services establishments. is hereby amended to read as follows:
Sec. 12-83. Foodandfood servicesestablishments; poolsandspas.
The fee schedule isadopted pursuant to the interlocal agreement with the Tarrant County
Public Health Department and city council. The fee schedule shall be available tothe
public at the health services office.”
Section 12. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined ina 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 13. All ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and ofno force oreffect.
Section 14. If any section, subsection, sentence, clause orphrase of this ordinance
shall for any reason be held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 15. 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
undesirable conditions for the 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 itis accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS on this the7th day of November, 2023.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
Ordinance No. 2023-077 5
ITEM #23
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2023-077 6
ITEM #23
INTERLOCAL AGREEMENT
THESTATE OFTEXAS §
COUNTY OFTARRANT §
This Interlocal Agreement is between TARRANT COUNTY (“COUNTY”), and the CITY
OF ______________________________ (“City”).
WHEREAS, CITYis requesting the COUNTY’sassistance inproviding
Food establishment inspection program services
Public swimming pool and spa inspection program services
Both Food establishment and Public swimming pool and spa inspection
program services
WHEREAS, the Interlocal Cooperation Act contained inChapter 791 ofthe Texas
Government Code provides legal authority for the Parties toenter into this Agreement.
WHEREAS, the Commissioners Court of the COUNTY finds this Agreement service a
public purpose.
NOW, THEREFORE, the COUNTY and CITYagree as follows:
TERMS ANDCONDITIONS
1. COUNTY RESPONSIBILITY
The COUNTY shall provide
Food establishment inspection program services:
Provide services, through Tarrant County Public Health, to all public food
establishment located within the corporate limits of the CITY;
Plan review and conduct Health opening approval inspection, routine
inspection, follow-up inspections, complaint investigations;
Provide certification of establishment for issuance of health permits;
Notify the CITYof violations of the current rules or rules as amended by
the Executive Commissioner of Health and Human Services
Commission found in 25 Texas Administrative Code, Chapter 228,
regarding the regulation of food establishments;
Provide appropriate signs to be posted at public food establishment that
do not meet the required standards;
Document program activities within the CITYvia periodic reports;
Collect fees from the inspected establishment;
Inform CITY, in writing, of any fee schedule changes immediately
following Tarrant County Commissioner’sCourt approval; and
When required by law, verify food establishment manager training and
food handler training and certifications.
ITEM #23
For Public swimming pool and spa inspection program services:
Provide services, through Tarrant County Public Health, to all public and
semi-public swimming pools, spas, and interactive water features
located within the corporate limits of the CITY;
Plan review and conduct Health opening approval inspection, routine
inspection, follow-up inspections, complaint investigations;
Provide certification of establishment for issuance of health permits;
Notify CITY ofviolations ofcurrent rules or rules as amended by the
Executive Commissioner of the Health and Human Services
Commission for Standards for Public Pools and Spas (Texas
Administrative Code, Title 25, Chapter 265, Subchapter L), Public
Interactive Water Features and Fountains (Texas Administrative Code,
Title 25, Chapter 265, Subchapter M) and Pool Yard Enclosures (Texas
Health and Safety Code Chapter 757);
Provide appropriate signs to be posted at public swimming pool and spa
establishment that do not meet the required standards;
Document program activities within the CITYvia periodic reports;
Collect fees from the inspected establishment;
Inform CITY, in writing, of any fee schedule changes immediately
following Tarrant County Commissioner’sCourt approval; and
When require by law, verify pool operator training certification.
2. CITYRESPONSIBLITY
For Food establishment inspection program services
Adopt the current rules or rules as amended by the Executive
Commissioner of the Health and Human Services Commission found in
25 Texas Administrative Code, Chapter 228, regarding the regulation of
food establishments;
Designate the Medical Director of Tarrant County Public Health
Department as the Health Authority for the purposes of this agreement;
Require all food establishments within the corporate limits of the CITY
to maintain a valid health permit;
Agree all health permits fees are enforceable within thirty (30) days of
approval of the Tarrant County Commissioner’sCourt;
Revise CITYcode/ordinance, where applicable, to adopt changes to the
fees;
Inform Tarrant County Public Health Manager for Environmental Health
when code/ordinance are modified and when the updates are complete;
Assign Tarrant County Public Health authority to collect health permit
fees from permit applicants; and
When required by law, require facilities to have certified food mangers
and food handlers.
ITEM #23
For Public swimming pool and spa inspection program services
Adopt the current Texas Health and Safety Code, Title 5, Subtitle A,
Chapter(s) 341.064, 341.0645 and341.0695; Texas Health and Safety
Code, Title 1, Chapter 1 Section 1.005, and Texas Health and Safety
Code, Tile 9, Subtitle A, Chapter 757;
Adopt the current rules or rules as amended by the Executive
Commissioner of the Health and Human Services Commission for
Standards for Public Pools and Spas (Texas Administrative Code, Title
25, Chapter 265, Subchapter L), Public Interactive Water Features and
Fountains (Texas Administrative Code, Title 25, Chapter 265,
Subchapter M) and Pool Yard Enclosures (Texas Health and Safety
Code Chapter 757);
Designate the Medical Director of Tarrant County Public Health as the
Health Authority for the purposes ofthis agreement;
Require all public and semi-public swimming pools/spas within the
corporate limits of the CITYto maintain avalid health permit;
Agree all Health permit fees are enforceable within thirty (30) days of
approval ofthe Tarrant County Commissioner’scourt;
Revise CITYcode/ordinance, where applicable, to adopt changes to the
fees;
Inform Tarrant County Public Health Manager for Environmental Health
when code/ordinance are modified and when the updates are complete;
Assign Tarrant County Public Health authority to collect health permit
fees from permit applicants;
Be responsible for enforcement ofthe CITY’sordinances; and
When required by law, require facilities to have certified pool/spa
operators.
3. CITYENFORCEMENT
If during an inspection of a food facility, pool or spa, Tarrant County Public
Health Department personnel notices a violation of the CITY’scode, the Tarrant
County Public Health Department shall notify the appropriate City official. The
CITYshall be responsible for the enforcement of the CITY’shealth ordinances.
The COUNTY shall make available for testimony COUNTY personnel whose
testimony may be required to support such enforcement action inaccordance
with the procedures established by CITY MUNICPAL COURT for the
appearance of law enforcement officers.
4. NOWAIVER OFIMMUNITY
This Agreement does not waive COUNTY rights under a legal theory of
sovereign immunity.
5. THIRDPARTY
This Agreement shall not be interpreted to inure to the benefit ofa third party
not aparty of this Agreement. This Agreement shall not be interpreted to waive
ITEM #23
any statutory or common law defense, immunity, or any limitation of liability,
responsibility or damage of any party tothis Agreement, party’sagent or party’s
employee, otherwise provided by law.
6. EXCLUSION OFINCIDENTAL DAMAGES
Independent of, severable from, and to be enforced independently of any other
enforceable or unenforceable provision of this Agreement, NEITHER PARTY
WILL BE LIABLE TO THE OTHER PARTY NOR TO ANY PERSON CLAIMING
INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE, OR EXEMPLARY
DAMANGES OF ANY KIND, including lost profits, loss of business, or other
economic damage and further including injury to property, mental anguish, or
emotional distress.
7. JOINTVENTURE & AGENCY
The relationship between the parties to this Agreement does not create ajoint
venture between the parties. The Agreement does not appoint any party as
agent for the other party.
8. GOVERNING LAWANDVENUE
This Agreement shall be interpreted under the laws of State of Texas. The
venue for any lawsuit arising out of this Agreement will be in the Fort Worth
Division ofthe Northern District ofTexas ifthe lawsuit arises inFederal Court
or Tarrant County, Texas ifthe matter arises in State Court.
9. ASSIGNMENT
This Agreement shall not be assigned or transferred andthat any attempt to
assign or transfer this Agreement or any of its rights or obligations shall be null
and void.
10. SEVERABLITY
If any court determines any provision in this Agreement is invalid, void, or
unenforceable, the remaining provisions will nevertheless continue infull force
and effect.
11. COMPLAINCE WITHLAWS
In providing the services required by the Agreement, CITY must observe and
comply with all applicable federal, state, and local statues, ordinances, rules
and regulations, including, without limitation, worker’s compensation laws,
minimum and maximum salary and wage statutes and regulations, and non-
discrimination laws and regulations. CITY shall be responsible for ensuring its
compliance with any laws and regulations applicable to its business, including
maintaining any necessary licenses and permits.
12. EFFECTIVE DATE
This Agreement become effective when signed by the last party whose signing
makes the Agreement fully executed.
ITEM #23
13. TERM
This Agreement shall begin upon the approval of both the City Council and the
Tarrant County Commissioner’sCourt and shall continue until canceled by
either party with a minimum of 90 days written notice to the other party.
14. AMENDMENT
No amendment, modification or alternation of the terms ofthis Agreement shall
be binding unless the same isin writing and signed by both parties.
15. TERMINATION
Either party may terminate this Agreement without cause by providing written
notice of intent to terminate at least ninety (90) days prior to the intended date
of termination. Written notice of intent toterminate shall be sent by certified
mail, return receipt requested, to the other party atits address:
Addresses:
Tarrant County Public Health CITY:________________
Attn: Environmental Health Division Manger Attn: _________________
1101 S. Main St. Address:______________
Fort Worth, Texas 76104 _____________________
Executed this ________ day of ______________________, 20__.
CITYof ________________ STATE OFTEXAS
COUNTY OFTARRANT
By: _______________________ By: ______________________
Name: Tim O’Hare
Title: County Judge
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: __________________________ By:____________________________
Name: Name:
Title: Title:
Date: Date:
ATTEST: ATTEST:
By: _______________________ By:___________________________
Name: Name:
Title: Title:
Date: Date:
ITEM #23
EHFEE SCHEDULEDESCRIPTIONOFSERVICES
Special Fund: F223CONSUMERHEALTH
Annual Public Pool & Spapermit fee $ 315.00
Pool Plan Review & Opening Inspection** $ 200.00
Contractual Inspections - School Districts (avg $150persite visit)** $ 150.00
Food Service Permit: less than 500 sq. ft. $ 400.00
Food Service Permit: >500 =<less than 1500 sq. ft. $ 500.00
Food Service Permit: >1500 =<less than3000 sq. ft. $ 600.00
Food Service Permit: >3000=<less than 6000 sq. ft. $ 700.00
Food Service Permit: >6000sq. ft. or above $ 800.00
Food Service Permit: Adjunct Food Service $ 500.00
Food Service Permit: Adjunct FoodStore - <less than 5000 sq. ft. $ 500.00
Food Service Permit: Adjunct FoodStore - >5000sq. ft. or above $ 600.00
Food Service Permit: Catering Operation $ 700.00
Food Service Permit: Child Care Facility $ 500.00
Food Service Permit: School Cafeteria w/ Contract $ 250.00
Food Service Permit: Commissary (non-prep) $ 400.00
Food Service Permit: Commissary (prep.) $ 600.00
Food Service Permit: Food Court $ 600.00
Food Service Permit: Mobile Unit (prepackaged) $ 400.00
Food Service Permit: Mobile Unit (preparation offood) $ 600.00
Food Service Permit: Mobile Unit (push cart) $ 600.00
Farmers Market $ 100.00
Food Store: <less than 5000 sq. ft. $ 600.00
Food Store: >5000 sq. ft. orabove $ 800.00
Food Late Fee: 1-30days 10% offee
Food Late Fee: 31-60days 20% offee
Food LateFee: 61-90days 30% offee
Plan Review: >1500 sq. ft. or above $ 200.00
Plan Review: <1500 sq. ft. orbelow $ 100.00
Temporary Food Establishment 1-5Days** $ 35.00
Temporary Food Establishment 6-14Days $ 70.00
Required/Requested Reinspection $ 75.00
No Fee Changes, Fund: PH-T04MISCELLANEOUS - CONSUMER/ENVIRONMENTAL HEALTH
Duplicate Permits** $ 15.00
indicates no fee increase
ITEM #23
Service Description Original FeesUpdated Fees
Pool Service Permit
Annual Public Pool & Spa permit fee$250$315
Pool Plan Review & Opening Inspection**$150$200
Food Service Permit
less than 500 sq. ft.$100$400
500 =<less than 1500 sq. ft.$150$500
1500 =<less than 3000 sq. ft.$200$600
3000=<less than 6000 sq. ft.$250$700
6000 sq. ft. or above$300$800
Adjunct Food
Adjunct Food Service$150$500
Adjunct Food Store - <less than 5000 sq. ft.$150$500
Adjunct Food Store - >5000 sq. ft. or above$200$600
Catering Operation$250$700
Childcare/School
Child Care Facility$150$500
Contractual Inspections - School Districts (avg $150 per site visit)**$150$150
School Cafeteria w/ Contract$150$250
Commissary
Commissary (non-prep)$100$400
Commissary (prep.)$200$600
Food Court
Food Court - per establishment$200$600
Mobile Unit
Mobile Unit (prepackaged)$100$400
Mobile Unit (preparation of food)$200$600
Mobile Unit (push cart)$200$600
Farmers Market**$100$100
Food Store: <less than 5000 sq. ft.$200$600
Food Store: >5000 sq. ft. or above$300$800
Food Late Fees
1-30 days**10% of fee10% of fee
31-60 days**20% of fee20% of fee
61-90 days**30% of fee30% of fee
Plan Review
1500 sq. ft. or above$100$200
1500 sq. ft. or below$50$100
Temporary Food Establishment
1-5Days**$35$35
6-14Days$35$70
Re-Inspection Fee
Required/Requested Reinspection**$75$75
MISCELLANEOUS CONSUMER/ENVIRONMENTAL HEALTH
Duplicate Permits**$15$15
indicates no fee increase
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ITEM #23
ORDINANCE NO. 2023-077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES CHAPTER 12, HEALTH AND
SANITATION; 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;
REPEALING CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; 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 all constitutional and statutory prerequisites for the approval of this
Ordinance have been met, including but not limited to the Open Meetings Act; and
WHEREAS, the City Council has determined than amendment to Chapter 12,
Health and Sanitation, of the Code of Ordinances is in the best interest of the of the health,
safety, and welfare of the City of Grapevine and the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Section 2. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 1. Generally, Section 12-2. Designation of health authority. is hereby amended
to read as follows:
Sec 12-. Designation of health authority.
The city designates Tarrant County Public Health as its health authority for the
purpose of ensuring minimum standards of environmental health and sanitation within
the scope of that department's function."
Section 3. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 1. Generally, Section 12-4. Fees. is hereby created to read as follows:
Sec. 12-4. Fees.
a) Health services shall charge fees for food establishments in addition to those
charged by the Building Services Department.
b) The fees shall be set forth in a schedule adopted by Tarrant County Public Health
Department and the city council.
c) The fee schedule shall be available to the public at the health services office."
Section 4. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration, Section 12-4. Amendment standards. is hereby
renumbered, renamed and amended to read as follows:
Sec. 12- . Regulations adopted and amendment standards.
The provisions of the current rules or rules as amended are herein adopted
together with the additions, deletions, and amendments hereinafter contained in 25 Texas
Administrative Code, Chapter 228."
Section 5. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 2. Amendments/Administration, Section 12-5. Food handler card required
through Section 12-20. Additional requirements for mobile ice cream vendors and other
vehicles vending products to children. is hereby renumbered and amended to read as
follows:
Sec. 1- . Food handler card required.
Sec. 1-7. Food handling class required; food handler card.
Sec. 12- . Food establishments permits required.
Sec. 12- . Classification of permits.
Sec. 1-1. Permits - Authority to issue.
Sec. 12-11. Permits -Application.
Sec. 1-12. Review of plans.
Sec. 1-1. Posting of food establishment and temporary food
establishment permits.
Sec. 12-14. Permits - Duration.
Sec. 12-1. Permits - Non -transferable.
Sec. 12-1 . Inspection frequency.
Sec. 1 -17. Inspections regulations.
Sec. 12-1 . Examination and condemnation of food generally.
Sec. 12-1. procedure when infection is suspected.
Sec 12-20. Remedies.
Sec. 1 -21. Additional requirements for mobile ice cream vendors and other
vehicles vending products to children."
Ordinance No. 2023-077 2
Section 6. That Chapter 12, Health and Sanitation, Article I. Food Establishments,
Division 3. Enforcement., Section 12-21. Enforcement options. through Section 12-24.
Reserved. is hereby renumbered and amended to read as follows:
Sec. 12-22. Enforcement options.
Sec. 12-23. License, certificate or permit suspension.
Sec. 12-24. Revocation proceedings.
Sec. 12-25 - 12-30. Reserved."
Section 7. That Chapter 12, Health and Sanitation, Article 11. Day Care Centers,
Section 12-37. Review of plans. is hereby amended to read as follows:
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 Services Department for review and approval before
construction, remodeling or conversion is begun. The plans and specifications shall
indicate the layout and arrangement of any proposed food service areas, indoor and
outdoor areas to be used for the day care center including mechanical plans;
construction materials, plumbing fixtures; the type of fixed equipment, and
playground and fall zone specifications. The building department shall approve the
plans and specifications if they meet the requirements of the adopted city codes. The
plans shall be submitted separately to health services for review of compliance with
these rules.
b) No day care center shall be constructed, remodeled or converted except in
accordance with plans and specifications approved by health services. The approved
plans and soecifications must be followed in construction, remodeling, or conversion.
c) Whenever plans and specifications are required to be submitted, health services
shall inspect the day care center prior to its beginning operation to determine
compliance with the approved plans and specifications and with the requirements of
This article.
d) Failure to follow the approved plans and specifications may result in permit denial,
suspension, or revocation."
Section 8. That Chapter 12, Health and Sanitation, Article 111. Public Swimming
Pools, Section 12-64. Regulations adopted and amendment standards. is hereby created
and amended to read as follows:
V! I I rirrin Irin Ivrirricl!. •
The
provisions of the current rules or rules as amended are herein adopted together with the
additions, deletions, and amendments hereinafter contained in Texas Health and Safety
Code, Title 5, Subtitle A, Chapter(s) 341.064, 341.0645 and 341.0695; Texas Health
and Safe-,.-y Code, Title 1, Chapter 1 Section 1.005, and Texas Health and Safety Ordinance
No. 2023-077 3
Code, Tile 9, Subtitle A, Chapter 757; and Standards for Public Pools and Spas (Texas
Administrative Code, Title 25, Chapter 265, Subchapter L), Public Interactive Water
Features and Fountains (Texas Administrative Code, Title 25, Chapter 265, Subchapter
M) and Pool Yard Enclosures (Texas Health and Safety Code Chapter 757)."
Section 9. That Chapter 12, Health and Sanitation, Article Ill. Public Swimming
Pools, Section 12-64. Definitions. through Section 12-79. Reserved. is hereby
renumbered and amended to read as follows:
Sec. 12-65. Definitions.
Sec. 12-66. Fees.
Sec. 12-67. Swimming pool permit required.
Sec. 12-68. Issuance of permit.
Sec. 12-69. Permit conditions.
Sec. 12-70. Plan review - New and remodeled pools.
Sec. 12-71. Trained pool operators.
Sec. 12-72. Maintenance of pool records.
Sec. 12-73. Nuisance.
Sec. 12-74. Grounds for permit denial.
Sec. 12-75. Grounds for suspension or revocation of permit.
Sec. 12-76. Right of entry.
Sec. 12-77. Inspection reports.
Sec. 12-78. Closure order.
Sec. 12-79. Hearings procedures. Sec.
12-80 - 12-82. Reserved." Section
10. That Chapter 12, Health and Sanitation, Article Ill. Public Swimming Pools,
Section 12-69. Plans Review — New and remodeled pools. is hereby renumbered, renamed
and amended to read as follows: Sec.
12-70. Plan 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 Services Department
for review. The plans shall be submitted separately to health services for review
and compliance with these rules. 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)
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." rdinance
No. 2023-077 -7
Section 11. That Chapter 12, Health and Sanitation, Article IV. Fees, Section 12-
83. Food and food services establishments. is hereby amended to read as follows:
K, F— 87
The fee schedule is adopted pursuant to the interlocal agreement with the Tarrant County
Public Health Department and city council. The fee schedule shall be available to the
public at the health services office."
Section 12. 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 13. All ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 14. If any section, subsection, sentence, clause or phrase of this ordinance
shall for any reason be held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 15. 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
undesirable conditions for the 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 7th day of November, 2023.
William D. Tate
Mayor
I
061WIMMIM 110-I
rdinance No. 2023-077 5
WFSW5' * i"- -
u-). P. Matthew
C.G. Boyle City
Attorney Ordinance
No. 2023-077 11,