HomeMy WebLinkAbout1524 03-26-2002ORDINANCE NO. 1524
AN ORDINANCE REPEALING ARTICLE I "IN GENERAL ", ARTICLE II
"FOOD AND FOOD SERVICE ESTABLISHMENTS" AND ARTICLE III
"RETAIL FOOD STORES" OF CHAPTER 42 "HEALTH AND
SANITATION' OF THE CODE OF ORDINANCE, CITY OF EULESS,
TEXAS, AS AMENDED; REPLACING SAID ARTICLES WITH A NEW
ARTICLE I "FOOD ESTABLISHMENTS ", A NEW ARTICLE 11 "DAY
CARE CENTERS" AND A NEW ARTICLE III "PUBLIC SWIMMING
POOLS "; ENACTING AND REVISING REGULATIONS GOVERNING
FOOD SALES AND SERVICE WITHIN THE CITY, ADOPTING AND
REVISING REGULATIONS GOVERNING THE OPERATION OF
CERTAIN DAY CARE CENTERS WITHIN THE CITY; ADOPTING AND
REVISING REGULATIONS GOVERNING THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF PUBLIC SWIMMING POOLS
WITHINT HE CITY; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVING CLAUSE AND EFFECTIVE DATE.
WHEREAS, the City has for many years had in place ordinances governing food
and food establishments, retail food stores and swimming pools, which regulations were
designed to promote the public health, safety and general welfare; and
WHEREAS, changes in technology and changes in state and federal laws and
regulations since the original adoption of said ordinances have necessitated changes
and revisions to bring said regulations up to date; and
WHEREAS, the City Council of the city of Euless, Texas, finds and determines
that the new and revised regulations adopted hereby will promote the health, safety and
general welfare of the citizens of the City of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
That Article I "IN GENERAL ", Article II "FOOD AND FOOD SERVICE
ESTABLISHMENTS" and Article III "RETAIL FOOD STORES" of Chapter 42 "HEALTH
AND SANITATION' of the Code of Ordinances of the City of Euless, Texas, as
amended, be hereby repealed and replaced with the following new Article I "FOOD
ESTABLISHMENTS ", Article II "DAY CARE CENTERS' and Article III "PUBLIC
SWIMMING POOLS', which new articles and the sections contained therein shall
hereafter be and read as follows:
ARTICLE I. FOOD ESTABLISHMENTS
DIVISION I. GENERAL
Sec. 42 -1. Purpose.
The purpose of these rules is to safeguard public health and provide to
consumers food that is safe, unadulterated, and honestly presented.
Sec. 42 -2. Definitions.
The following 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 any poisonous or deleterious substance
as specified in the Texas Health and Safety Code, Chapter 431, § 431.081.
• Approved — Acceptable to the regulatory authority 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.
Ordinance No. 1524, Page 2 of 44
• Food — A raw, cooked, or processed edible substance, ice, beverage, or
ingredient used or intended for use or for sale in whole or in part for human
consumption, or chewing gum.
• 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 securely
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 the regulatory authority 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.
Ordinance No. 1524, Page 3 of 44
Temporary food establishment — A food establishment that operates for a
period of no more than 3 consecutive days in conjunction with a single event
or celebration no more than twice a year.
Vending machine — A self - service device that, upon insertion of a coin, paper
currency, token, card, or key, dispenses unit servings of food in bulk or in
packages without the necessity of replenishing the device between each
vending operation.
DIVISION II. AMENDMENTS / ADMINISTRATION
Sec. 42 -3. 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 TAU 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 Laud' (Vernon's Texas Health and
Safety Code Chapter 341), a copy of which shall be on file in the office of the city
secretary.
'Cross reference — Businesses, ch. 18.
State law reference — Food regulations, V.T.C.A., Health and Safety Code §§
431.001 - 438.061.
Sec. 42-4. 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 the City of
Euless Health Services.
(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 the City of Euless
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.
Ordinance No. 1524, Page 4 of 44
(e) Every card issued shall remain effective for a period of two years and may be
renewed upon successful completion of additional approved refresher courses and
payment of renewal fees. Food handler cards are the property of the person named
thereon and must be returned by employers to such person upon cessation of
employment.
Sec. 42 -5. Food Handling Class Required — Food Handler Card
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 the City of Euless 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. 42 -6. Food Establishments Permits Required
(a) No person shall operate a food establishment without a current, valid food
establishment permit issued by the City of Euless 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 the regulatory authority.
(d) The application for a new or a renewed permit shall be made on an
application form prescribed by the regulatory authority.
(e) The application shall require the applicant's name, type of business
organization, the name and address of the owner or principal officer of the business, the
nature of the business, the location of the business, and such other information as the
regulatory authority 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 drivers license information
for each vehicle and each driver.
(g) A Temporary Food /Event Establishment permit shall be required and daily
inspections shall be required.
Ordinance No. 1524, Page 5 of 44
(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 the health services.
(j) 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 conjunction 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. 42 -7. Classification of permits.
(a) Food establishment permits shall be classified according to the duration of
operation and location of such operation.
(b) The 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 (3) consecutive
days /or fewer, in conjunction with a special event no more than (2)
times a year.
Ordinance No. 1524, Page 6 of 44
(3) Seasonal. An establishment that operates no more than twelve (12)
weekends per year, and not associated with a special event. The
establishment shall be issued one (1) permit per year, with permission
from primary business location and 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 (2)
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, snow cone
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 junior high school.
d. Only food items previously approved by the regulatory authority
may be sold on a Mobile Food Unit. Non -food items such as
toys, fireworks, or any hazardous substances such as stink
bombs are prohibited.
Ordinance No. 1524, Page 7 of 44
Sec. 42 -8. Permits — Authority to Issue
The regulatory authority or his designee 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 Euless; provided that only a person or firm that complies with the requirements of
this ordinance shall be entitled to receive and retain such permit.
Sec. 42 -9. Permits — Application
(a) Application for such permit as required by this ordinance in Sections 42 -6(a)
shall be made in writing to the regulatory authority or his designee upon forms
prescribed and furnished by the City of Euless 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 42.10 of this
chapter.
(c) A Food Establishment permit application fee shall be due for each Food
Establishment that requires a new Food Establishment permit due to change of
ownership, change in type of operation, or revocation, and a new application shall be
made for a permit as required by Section 42 -6(a) of this ordinance. Whenever a new
Food Establishment Permit is required, the regulatory authority 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. 42 -10. Review of Plans
(a) Submission of plans. Whenever a food service establishment is constructed
or extensively 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 submitted to the City of Euless 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, extensively 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
requirements to these rules. (Code 1974, § 8 -89)
Ordinance No. 1524, Page 8 of 44
Sec. 42 -11. 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. 42 -12. Permits — Duration
(a) Any Food Establishment Permit or Mobile Food Permit granted under the
provision of Section 42 -6(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. 42 -13. Permits — Non - transferable
Every permit issued under the provisions of this ordinance shall be non-
transferable, non - refundable, and at regulatory authority 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. 42 -14. Inspection Frequency
(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
Section 229.171 (h) of 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. 42 -15. 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 regulating food, to inspect permits, certificates,
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
Ordinance No. 1524, Page 9 of 44
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 require 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 require entry.
(c) If entry is denied or if a person in control cannot be located, the regulatory
authority shall have every recourse provided by law to secure entry, including obtaining
a search warrant.
Sec. 42 -16. 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 25 TAC
Section 229.164, or any other provision of these rules. Health Services shall tag, label,
or otherwise identify any food subject to the hold order.
No food subject to a hold order shall be used, served, or moved from the
establishment. Health Services shall permit storage of the food under 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, § Il, 9- 14 -99)
Sec. 42 -17. Procedure When Infection Is Suspected
When the 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. The regulatory authority may require any or
all of the following measures:
(a) The immediate exclusion of the employee from all food service
establishments;
(b) The immediate closing of the food service establishment concerned until, in
the opinion of the regulatory authority, no further danger of disease outbreak exists;
Ordinance No. 1524, Page 10 of 44
(c) Restriction of the employee's services to some area of the establishment
where there would be no danger of transmitting disease, and
(d) Adequate medical and laboratory examination of the employee, of other
employees and of his and their body discharges.
(Code 1974, § 8 -90)
Sec 42 -18. 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 of not less than $25.00 nor more than the
maximum provided in section 1 -12 of this Code 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. The regulatory authority may seek to enjoin violations of these
rules. (Code 1974, § 8 -91; Ord. No. 1077, § XV, 5- 12 -92)
Sec 42 -19. 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 burglary), prostitution or obscenity
shall be grounds for disqualification of an applicant.
(b) Safety equipment for ice cream trucks.
(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.
Ordinance No. 1524, Page 11 of 44
(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 Euless
parks.
c. Mobile ice cream trucks shall not vend within one block of any
block containing an elementary or junior 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.
a. Use of sound equipment shall be limited to music or human
speech.
Ordinance No. 1524, Page 12 of 44
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 100 yards 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.
(Ord. No. 1433, § 1, 8 -8 -00)
Division Ill. Enforcement
Sec. 42 -20. Enforcement options.
When the Building Official has determined that a violation of this article has
occurred or is occurring, the following remedies are available to the regulatory authority.
The remedies provided for in this section or elsewhere in this article are not exclusive.
The regulatory authority 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;
(1) Post and maintain a placard at the entrance of the food establishment,
notice of the conditions therein, or to require the owner, operator, or
person in charge of the establishment to maintain the placard at the
entrance that this establishment is closed;
Ordinance No. 1524, Page 13 of 44
(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.
(g) 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 subsection.
(i) A violation of any of the terms or requirements of this Article shall be treated
as a violation of an ordinance governing fire safety, zoning or public health and
sanitation, subject to enhanced penalties under Chapter 1, General Provisions, Section
1 -12 of this Code.
Sec. 42 -21. 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. 42 -22. 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.
Ordinance No. 1524, Page 14 of 44
(b) In its petition, the petitioner shall indicate the provisions of the action objected
to, and the reasons for the objection(s), any facts that are contested, the evidence that
supports the petitioner's view of the facts, and whether the petitioner requests a hearing
on its petition.
(c) Hearings. The hearings provided for in this chapter shall be conducted by the
City Manager who will designate the time and place for the hearing. Based upon the
recorded evidence of such hearings: the City Manager 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.
(e) A violation of any of the terms or requirements of this Article shall be treated
as a violation of an ordinance governing fire safety, zoning or public health and
sanitation, subject to enhanced penalties under Chapter 1, General Provisions, Section
1 -12 of this Code.
Sec. 42 -23 — 42 -29 Reserved
ARTICLE II. DAY CARE CENTERS
DIVISION I. GENERAL
Sec. 42-30. 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 Euless to protect the health, safety and welfare of the occupants and patrons
of day care centers.
Sec. 42 -31. 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 the City of Euless.
(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.
Ordinance No. 1524, Page 15 of 44
Sec. 42-32. 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 Euless
• City Code — The Code of Ordinances of the City of Euless, as amended from
time to time.
• Day care center — A facility that 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 thirteen (13) 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
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.
Ordinance No. 1524, Page 16 of 44
• 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) years 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 by Health
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 instruction;
(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;
(e) 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;
Ordinance No. 1524, Page 17 of 44
(g) An educational facility accredited by the Texas Education Agency 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,
Q) 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 following:
Kindergarten through at least Grade 3, elementary or secondary grades; provided,
however, that a religious organization, 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; or
(1) After - school care facilities in public schools that provide care before or after
the usual school day, or full day care for the 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. 42 -33. Day Care Permit, Inspection, and Compliance
(a) A day care center shall be inspected by Health Services prior to issuance of
a day care permit.
(b) No person shall operate or cause to be operated a day care center in the City
of Euless without first obtaining a day care permit.
(c) Health Services is hereby authorized to issue a day care permit in the City of
Euless 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.
Ordinance No. 1524, Page 18 of 44
(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 42 -50.
(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 any
violations or deficiencies observed in the inspection.
(g) 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.
Sec. 42 -34. Permit Application
(a) Application for a permit to operate a day care center shall be submitted by the
owner on a form specified by the Euless 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 Day 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.
(e) The owner shall affirm that a Certificate of Occupancy has been applied for
with the Euless 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.
Ordinance No. 1524, Page 19 of 44
Sec. 42 -35. Review of Plans
(a) Whenever a Day Care Center is constructed or extensively 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 Euless 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 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.
(b) No Day Care Center shall be constructed, extensively 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. 42 -36. Permit Duration and Renewal
A Day Care Center Permit shall be valid for one (1) year from the date of
issuance, unless suspended or revoked as hereinafter provided. Any incorrect
information in the records of the Euless Health Services for the day care center shall be
corrected before the permit may be renewed.
Sec. 42 -37. 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
therefor and specifying any requirements or schedules of time for further action related
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 Euless Health Services inspection of the premises
and operation,
Ordinance No. 1524, Page 20 of 44
(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 guardian 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 Euless 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. 42 -38. 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 Building
Official.
Sec. 42 -39. Display of Permit
The Day Care Center Permit shall be conspicuously posted on an inside wall of
the main facility and shall be continuously displayed in public view.
Ordinance No. 1524, Page 21 of 44
Sec. 42-40. Requirements for change of ownership of business
(a) For purposes of this section, "change of ownership of the business of any
day 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 proposed
room usage, equipment schedule, room finish schedule, plumbing
schedule, and outdoor play area and play equipment;
(2) Shall pay the applicable floor 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 department.
(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. 42-41. Applicability of other city permits and certificates
It shall be unlawful for any person to operate or cause to be operated a day care
center in the City of Euless 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 Euless. It shall be unlawful for any
person to operate 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 Euless Health Services. An owner of a day care
center shall also comply with all applicable City Code requirements before a permit is
issued.
Sec. 42-42. Food service requirements
General requirements shall be as follows:
Ordinance No. 1524, Page 22 of 44
(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. Day care
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 jurisdiction 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, juices 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. 42-43. 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.
(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 necessary to keep
them clean, after smoking, eating, drinking, or using the toilet.
Ordinance No. 1524, Page 23 of 44
Sec. 42-44. Animal care
General requirements shall be as follows
(a) 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 the facility.
(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 psittacine birds shall not be kept at or brought to day care center
premises. No "prohibited animals," as that term is defined by the adopted City Code,
shall be kept at or brought to day care center premises.
Sec. 42-45. 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 particular attention to the areas underneath the fingernails and between the
fingers. Staff shall keep their fingernails trimmed, filed, and maintained so the edges
and surfaces are cleanable and not rough.
(b) Staff must wash before preparing or serving food, before feeding a child or
handling food, after caring for a sick child, after diapering, after assisting a child 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 thoroughly washed
before eating, after using the toilet, after a diaper change, after playing outdoors, after
playing with pets, after coughing or sneezing, or after any activity that contaminates the
hands.
(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
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.
Ordinance No. 1524, Page 24 of 44
(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. 42-46. Safety 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 Euless Building & 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 Euless Health Services.
(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.
Ordinance No. 1524, Page 25 of 44
(g) All fences, bridges, railings, and other ornaments or equipment on the
grounds that are accessible to the children must not pose an entrapment or
entanglement hazard. They shall comply with adopted City Codes.
Sec. 42-47. 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 glazing (including 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 adjacent 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.
(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.
Ordinance No. 1524, Page 26 of 44
a. Commodes and urinals shall be located inside bathrooms and
equipped so that children are able to use them independently in
accordance with the city plumbing code. Bathroom doors must have
no locks within the children's reach.
b. Handicap access and toilet facilities must be installed and maintained
in accordance with the city building code.
(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 shall be 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 (15) 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.
(g) Restroom facilities shall be cleaned and sanitized at least once daily and
more often if necessary. Carpet use is prohibited in restrooms. 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 in accordance 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.
(3) If the facility engages in food preparation, there must be a three -
compartment sink in the food preparation area.
Ordinance No. 1524, Page 27 of 44
Q) 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 sanitary sewer system.
(1) All refuse shall be kept in containers constructed and maintained of durable
material with tight fitting 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, closed
windows, screens, or other effective means of protection and control as approved by the
regulatory authority.
(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 the
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 dryers shall
be vented to the exterior of the building in accordance with the adopted city mechanical
code.
(q) In all day care centers, all light fixtures shall either be properly shielded or
shall contain only shatterproof light bulbs. At least fifty (50) foot candles of light shall be
provided in all areas of any room to which children have access.
Sec. 42-48. Interior design, activity areas
(a) 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 parts, and paint which contains lead or other
poisonous materials.
(2) Each child shall be provided with individual storage space for personal
belongings.
(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
Ordinance No. 1524, Page 28 of 44
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 adjacent 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 '/2) inches apart. There shall be no more than one and
one -half (1 '/2) 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 separately 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.
Ordinance No. 1524, Page 29 of 44
(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 reserved.
(3) Bottled 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. 42 -49. 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 object or
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.
Ordinance No. 1524, Page 30 of 44
(f) Swimming and wading pools more than twenty -four (24) inches deep shall be
enclosed by a fence no less than six (6) feet in height which has a self - closing, self -
locking gate. 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 any
swimming 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. 42-50. Enforcement
The Building Official 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
being 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 each year
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.
Ordinance No. 1524, Page 31 of 44
(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 day care 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 stating therein the 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 who will designate the time and place for the hearing.
Based upon the recorded evidence of such hearings, the City Manager
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.
(f) A violation of any of the terms or requirements of this Article shall be treated
as a violation of an ordinance governing fire safety, zoning or public health and
sanitation, subject to enhanced penalties under Chapter 1 General Provisions, Section
1 -12 of this Code.
Sec. 42 -51 — 42 -59 Reserved.
Ordinance No. 1524, Page 32 of 44
ARTICLE III. PUBLIC SWIMMING POOLS
Sec. 42-60. 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. 42-61. 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:
Ordinance No. 1524, Page 33 of 44
(a) 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 hydrojet circulation.
(b) Spa — A swimming pool that is a special bathing facility designed for
recreational use and which is not drained after each individual use.
(c) Spray pool — A swimming pool into which water is sprayed but is not
allowed to pond at the bottom.
(d) Wading pool — A swimming pool with a maximum depth of not more
than thirty (30) inches.
(e) 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. 42-62. Fees
(a) Health Services shall charge fees for public swimming pools in the following
categories:
(1) permits,
(2) plans review; and
(3) change of ownership, pre- operations inspections.
(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. 42 -63. 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. 42 -64. 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.
Ordinance No. 1524, Page 34 of 44
(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 42-65.
(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
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 extensively.
Sec. 42 -65. 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 swimming 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 swimming pool 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.
Ordinance No. 1524, Page 35 of 44
(d) All plumbing, electrical work, mechanical facilities, and structures for the
public swimming pool shall meet or exceed all applicable requirements of Chapter 14,
"Buildings and Building Regulations "; Article I "Building Codes ", Article III "Electrical',
Article IV "Plumbing and Gas Fitting ", of the Code of Ordinances of the City of Euless,
Texas (2001), as amended.
(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 harborage of
insects.
(g) 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.
Q) 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. 42 -66. 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.
(1) All private above - ground and in- ground swimming pools with a capacity of
five thousand (5,000) gallons and above, a permit is required at time of
installation.
(2) All public pools regardless of shape, size, and gallons shall require a
permit.
(3) All private and public swimming pools regardless of shape, size, and
gallons shall comply with all building set backs.
Ordinance No. 1524, Page 36 of 44
(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
42-65 (b), (c), (d), (e), (i) and (1).
(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. Work shall
commence and conclude within the time allowed by such permits. Deviations from
approved plans shall not be permitted. If no work has begun within 180 days from the
date the permit was issued for said work to begin, the Building Official may revoke such
permit.
Sec. 42 -67. 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.
(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 the Health Services when required.
(e) In a prosecution for a violation of Subsection (d), failure to present proof of a
designated trained pool operator to the 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.
Ordinance No. 1524, Page 37 of 44
(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
911."
(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 pool
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 the 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).
Q) 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. 42 -68. Maintenance of Pool Records
(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.
(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.
Ordinance No. 1524, Page 38 of 44
(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 by
this section available immediately upon the request of Health Services.
Sec. 42-69. 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.
(c) 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:
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 Building Official may enter the property containing the nuisance and do any
work necessary to abate the nuisance.
Ordinance No. 1524, Page 39 of 44
(f) If immediate abatement of the nuisance is deemed necessary by the Building
Official to protect the public health, safety or welfare from an imminent hazard, the
building official 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. 42 -70. Grounds for Permit Denial
(a) The Building Official may deny the issuance of a swimming pool permit:
(1) 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 42-65 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 Building Official
within ten (10) days of the date of the denial. The Building Official shall set out the
grounds for the denial.
(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.
Sec. 42 -71. Grounds for Suspension or Revocation of Permit
After notice and hearing, the Building Official 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;
Ordinance No. 1524, Page 40 of 44
(b) the permit holder or person in control of the pool fails to comply with any of
the permit conditions set forth in Section 42-65;
(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 pursuant to this Article; or
(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. 42 -72. Right of Entry
(a) The Building Official 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 require entry if
the premises are occupied. If the premises are unoccupied, the regulatory authority
shall first make a reasonable attempt to locate the owner or person in control of the
premises and require 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.
Sec. 42 -73. Inspection Reports
(a) After inspecting a public swimming pool pursuant to this Article, Health
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.
Ordinance No. 1524, Page 41 of 44
Sec. 42 -74. 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 readily
available during 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 immediately:
(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.
(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.
(g) A person commits an offense if the person uses for swimming, diving or
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 swimming pool closed 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.
Ordinance No. 1524, Page 42 of 44
Q) 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. 42 -75. Hearings Procedures
(1) The hearings provided for in this chapter shall be conducted by the City
Manager who will designate the time and place for the hearing. Based upon the
recorded evidence of such hearings: the City Manager 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. 42-76. Enforcement
A violation of any of the terms or requirements of this article shall be treated as a
violation of an ordinance governing Fire Safety, Zoning or Public Health and Sanitation,
subject to enhanced penalties under Chapter 1, General Provisions, Section 1 -12 of this
code.
Sec. 42 -77 through 42 -80 reserved
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation int his ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
Savinq Clause. That Chapter 42 of the Code of Ordinances, City of Euless,
Texas, as amended, shall remain in full force and effect, save and except as amended
by this ordinance.
Ordinance No. 1524, Page 43 of 44
IV.
Effective Date. This ordinance shall be in full force and effect from and after its
passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a
regular meeting of the Euless City Council on the 2dh day of March, 2002, by a vote of
7 ayes, 0 nays and 0 abstentions.
APPROVED:
Mary Lib SaY eh, Mayor
ATTEST:
a rim, C�1 , City Secretary
APPROVED AS TO FORM:
—01IM' FRI 11 4 geon
/ �
Ordinance No. 1524, Page 44 of 44