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HomeMy WebLinkAboutOrdinance 1607 ORDINANCE TABLED ORDINANCE NO. 1607 Be it ordained by the City Council of North Richland Hills, Texas that: ARTICLE 1 PREAMBLE WHEREAS, THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TE."{AS, HAS DETERMINED THAT THE REGULATION OF ENVIRONMENTAL HEALTH SERVICES IS NECESSARY FOR HEALTH, SAFETY AND WELFARE OF THE INHABITANTS OF THE CITY. IT IS, THEREFORE, ORDAINED THAT AN ORDINANCE REGULATING FOOD SERVICE ESTABLISHMENTS, CHILD CARE FACILITIES, PUBLIC AND SEMI-PUBLIC SWIMMING POOLS, GREASE RECEPTACLES AND WASTE HAULERS, AND PROVIDING A PENALTY FOR VIOLATIONS OF ANY PROVISION OF THIS ORDINANCE BE ADOPTED. ARTICLE II REGULATION OF FOOD SERVICE ESTABLISHMENTS Section 2.01 STATE SANITATION REGULATIONS ADOPTED FOR FOOD SERVICE ESTABLISHMENTS The State of Texas Department of Health, Division of Food and Drugs, "Rules on Food Service Sanitation," (T.A.C. 229.161 - 229.171) as adopted by the State Board of Health, effective November 30, 1977, and as amended thereafter are hereby referenced and adopted as part of this ordinance. Section 2.02 STATE SANITATION REGULATIONS ADOPTED FOR RETAIL FOOD STORES The State of Texas Department of Health, Division of Food and Drugs, "Rules on Retail Food Store Sanitation," (T.A.C. 229.231 - 229.239), as adopted by the State Board of Health, effective August 17, 1985, and as amended thereafter are hereby referenced and adopted as part of this Ordinance, provided: A. That the words "regulatory authority" in said rules shall be understood to mean the City of North Richland Hills Environmental Services Department; and B. That the words "Retail Food Stores" in the definition of Food Service Establishment shall be understood to be deleted; and c. That the sentence·"the term does not include a food service establishment, retail food store or commissary operation." shall be understood to be deleted from the definition of Food Processing Establishment; and D. That the definition - "Retail Food Store" meaning "any establish- ment where food and food products are offered for sale to the ultimate consumer and intended for off premises consumption. Retail Food Store shall not include establishments which handle only prepackaged, snack type, non-potentially hazardous foods," be added to Rule .002 as definition (2); and E. That paragraph CD) of Rule .011, examination and condemnation of food shall be understood to be deleted; and F. That the term "Food Service Establishment" of said ordinance shall, in addition, include Retail Food Store, Food Processing Establishment and Commissary; whether they be mobile or operate from a fixed location. Section 2.03 DEFINITIONS When used in this ordinance, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows: A. Adopted by References: all definitions included in the regulations adopted in Section 1.01 and 1.02. B. City Environmental Health Officer: Officer of the Environmental Services of the City of North Richland Hills or his/her designee. C. Council: the City Council of the City of North Richland Hills, Texas. D. Employee: any person working in a food service establishment including individuals having supervisory or management duties. E. Fee Schedule: applicable fee set by the City Council of North Richland Hills. F. Food: any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use either in whole or in part, for human consumption. G. Food Establishment: any place which offers, produces, or stores food for consumption in single or larger portions or quantities, including, but not limited to, food service establishments, retail food stores, food processing establishments, commissaries, ware- houses and mobile food itinerants whether such operations be mobile or operate from a fixed location; and whether there is a charge of a direct and/or indirect nature or said food is given away without a charge. The term does not include the following operations and/or establishments, provided that the operations of the former does not expose the public to a substantial and imminent health hazard as determined by the City Environmental Health Officer or his/her authorized representative: 1. private homes where food is prepared, serviced or stored for individual family consumption; 2. religious organizations that serve their own membership and immediate guests and other structured groups of persons who gather occasionally for fellowship and society that proved the food from amongst their membership; 3. temporary food establishments which operate at a fixed loca- tion for a peri.od of time not to exceed forty-eight (48) hours in conjunction with a si.ngle event or celebration provided that such temporary food establishments are both owned and operated by non-profit organizations based within the City;' 4. concession stands which operate at a fixed location in con- junction with schedule, community-based sporting or recreational events, provided: a. such establishments are both owned and operated by non- profit organizations based within the City; b. the preparation and serving of potentially hazardous food shall be restricted to only those pre-cooked, potentially hazardous food products requiring limited preparation such as heating, seasoning and serving; c. this restriction does not apply to any prepackaged, potentially hazardous food product that has been properly prepared and packaged in accordance with all Texas Department of Health and local requirements and is properly stored, handled and served in the unopened, original package from said concession stands. 5. establishments which handle only fresh, unprocessed fruits, nuts and vegetables whether such establishments operate from a fixed location or are mobile in nature. H. Health Department: Environmental Services Department of the City of North Richland Hills, Texas. I. Mobile Food Itinerant: any place of a mobile nature which offers food for consumption in single or larger portions or quantities, including, but not limited to, fruit or vegetable stands and including food sales from vehicles and any other mobile facility. All rules applying to mobile food units, as defined herein, shall apply to this classification. J. Mobile Food Unit: a vehicle-mounted food service establishment or a food service establishment pulled behind a vehicle to be readily moveable. K. Potentially Hazardous Food: any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shell- fish, edible crustacean or other ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxico- genic microorganisms. L. Regulatory Authority: the Environmental Services Department of the City of North Richland Hills, Texas. M. Reinspection: inspection to determine compliance prior to closure or suspension of permit due to imminent health hazard or gross non-compliance with applicable health regulations. N. Rules and Regulations: "Rules on Food Service Sanitation" of the Texas Department of Health, Division of Food and Drugs. A copy of those rules are attached hereto and made a part hereof. Such Rules and Regulations are adopted and shall be in full force and effect within the city limits of North Richland Hills, Texas. O. Seasonal Food Service: an establishment which operates for no more than four (4) consecutive months (one hundred and twenty [120] days) in a twelve (12) month calendar year, and is restricted to non-potentially hazardous food. P. Temporary Food Service: an establishment which operates for no more than fourteen (14) consecutive days. Section 2.04 COMPLIANCE REQUIRED It shall be unlawful for any person or firm to operate any food estab- lishment as defined in Section 2.03 above within the corporate limits of the City of North Richland Hills, Texas, unless such operation is done in conformance with the requirements of this ordinance. Section 2.05 AUTHORITY TO ISSUE PERMIT The City Environmental Health Officer or his/her authorized represen- tative is hereby authorized to issue a permit to any person or firm making application for a food establishment permit in the City of North Richland Hills provided that the person or firm that complies with the requirements of this ordinance shall be entitled to receive and retain such permit. Section 2.06 PERMIT REQUIRED It shall be unlawful for any person or firm to operate a food estab- lishment without a permit. Section 2.07 APPLICATION FOR PERMIT A. Application for such a permit as required in this Article shall be made in writing to the City Environmental Health Officer or his/ her authorized representative upon forms prescribed and furnished by the City of North Richland Hills. B. Plans and specifications review are required as follows: 1. prior to construction, change of ownership, remodeling or conversion of an existing structure to be used as a food establishment, a complete set of plans and specifications shall be submitted to the building official for review under the building code and administratively coordinated and made available to the Fire Marshal and the Environmental Health Officer or his/her authorized representative for review under the provisions of the fire code and this article and no construction of a food establishment shall take place nor will a building permit be issued prior to the approval of the submitted plans and specifications by the specified City officials. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construc- tion mate~ials or work areas and the type and make of proposed fixed equipment and facilities. Construction according to the specifications which have, therefore, been submitted and approved by the City Environmental Health Officer or his/her authorized representative must be cOTInnenced within six (6) months of the said approval date and completed within twelve (12) months of commencement or the plans must be resubmitted for plan review and being subject to current City require- ments. 2. projects which, at the time of approval, are of such size or which are planning to use equipment that cannot be delivered and installed within this eighteen (18) months may apply to the City Environmental Health Officer for a waiver of this review at the time of original submission, but not thereafter. 3. whenever plans and specifications are required to be submitted to the City, the City shall inspect the food establishment prior to its beginning operations to determine compliance with the approved plans and specifications and with the require- ments of the ordinance. Section 2.08 ISSUANCE OF PERMIT; TRANSFERABILITY; TERMS; PENALTIES; CATEGORIES A. The City Environmental Health Officer or his/her authorized representative shall issue a permit if he/she determines that: 1. the technical review of plans and specifications are in compliance with applicable laws and this ordinance and; 2. the fee in Article 7 and all other applicable fees have been paid and; 3. by means of physical inspection, the food establishment is determined to be in compliance with this ordinance. B. Every permit issued under the provisions of this Article shall be non-transferable. A food establishment shall permit the operation of the establishment only at the location for which granted. C. Any permit granted under the provisions of this Article shall remain in full force and effect for the term allowed according to permit category and type as defined in this section unless sooner suspended and/or revoked for cause, and shall be displayed in a conspicuous place for inspection by the City Environmental Health Officer or his/her authorized representative. D. Any food establishment that fails to renew any permit issued under the provisions of this Article by the expiration date of said permit and continues to operate without a valid permit shall be assessed twenty-five ($25.00) dollars for each day of operation of that establishment, plus any other penalties provided in this Article. Such assessments and/or penalties shall be paid along with the required permit fees before a valid permit will be reissued. E. Permit Categories are authorized as proved herein: 1- Food Service Establishment 2. Food Store 3. Food Service within a Food Store 4. Mobile Food Itinerant 5. Mobile Food Unit F. Permit Types for each former category are authorized as provided herein: 1. Annual Permit: twelve (12) months term length 2. Seasonal Permit: four (4) consecutive months, not to exceed one hundred and twenty (120) days in length 3. Temporary Permit: up to fourteen (14) consecutive days in length G. Certificate categories: 1. Food Service Manager 2. Food Service Handler Section 2.09 PERMIT DURATION AND RENEWAL A. Annual permits shall be renewable on October first (1st) of each calendar year. B. Other applicable permits shall be renewable as specified in Section 2.08 of this Article. Section 2.10 ENFORCEMENT AUTHORITY, INSPECTIONS, REPORT OF INSPECTIONS A. The City Environmental Health Officer or his/her authorized representative is authorized to enter upon any private property and to enter any establishment subject to the provisions of this Article for the purpose of determining compliance with this ordinance and for the purpose of determining the identify of the owner, operator, manager or supervisor thereof and all persons employed therein. B. Before a permit is issued, the City Environmental Health Officer or his/her authorized representative shall inspect and approve the food establishment areas to to used. An inspection of a food establishment may be performed at least once every six (6) months. Additional inspections of the food establishment shall be performed as often as n~cessary. C. Whenever an inspection of a food establishment is made, the findings shall be recorded on an inspection order. The inspection report shall summarize the requirements of the ordinance and shall set forth a weighted point value for each requirement. Inspec- tional remarks shall be ~~itten to reference, by section number, the section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). A copy of the inspection form shall be furnished to the person in charge of the establishment at the time of the conclusion of the inspection. The completed inspection report form is a public document that shall be available for public disclosure to any person who requests it according to law. D. Refusal of an owner, manager or employee to allow the City Environmental Health Officer or his/her authorized representative, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after the hearing provided for in Section 2.11 of this Article. Nothing herein or therein shall require notice of suspension for this violation. E. In the event that the City Environmental Health Officer or his/her authorized representative should have cause to believe that a business required to be permitted under this Article is operating without a permit (or has failed to renew a permit) and refuses entry during normal business hours, then the City Environmental Officer or his/her authorized representative may apply to the North Richland Hills Municipal Court for an inspection warrant of the suspect premises upon the filing of a probable cause affidavit and compliance with the Texas Code of Criminal Procedure. Ifan inspection warrant is granted by the Municipal Court, the City Environmental Health Officer or his/her authorized representative may be assisted in service thereof by the North Richland Hills Police Department or such other law enforcement agencies as are deemed necessary to obtain entry. F. The City Environmental Health Officer or his/her authorized representative may also be accompanied during any inspection by the Building Official and/or Fire Marshal of the City of North Richland Hills or his/her designee. Section 2.11 CORRECTION OF VIOLATIONS; SUSPENSION OF PE~~IT; REVOCATION OF PERMIT A. Enforcement procedures: The City Environmental Health Officer or his/her authorized representative may establish enforcement procedures to insure compliance with this ordinance and which are consistent with the regulations adopted herein, including, but not limited to, written warnings, compliance time limits, permit suspensions and permit revocation. B. Inspections: The inspection report form shall specify a reason- able period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: 1. if an imminent health hazard exists, such as complete lack of sanitization, refrigeration or sewage backup into the estab- lishment, than all food sales and/or service operations shall cease immediately. Operations shall not be resumed until authorized in writing by the regulatory authority following reinspection; 2. all violations of four (4) or five (5) point weighted items shall be corrected within a time specified by the regulatory authority, but in any event, not to exceed ten (10) days following the inspection. Within fifteen (15) days after the inspection, the holder of the permit, license, or certificate shall submit a written report to the regulatory authority stating that the four (4) or five (5) point weighted viola- tions have been corrected. A follow-up inspection shall be conducted to confirm correction; 3. all one (1) or two (2) point weighted items shall be corrected within a time specified by the regulatory authority, but in any event, by the time of the next routine inspection; 4. when the rating score of the establishment is less than sixty (60), the establishment shall initiate corrective action on all identified violations within forty-eight (48) hours. One (1) or more reinspections will be conducted at reasonable time intervals to assure correction. Such reinspection shall be subject to the fee schedule authorized by this ordinance; 5. in the case of temporary food establishments, all violations shall be corrected within a time specified by the regulatory authority, but in any event, not to exceed twenty-four (24) hours following the inspection. C. Reinspection 1. to determine corrected imminent health hazards as defined in the regular semiannual inspection; 2. to determine compliance with plan review after initial inspec- tion and prior to issuance of permit. D. Compliance with inspection report: The inspection report shall state that failure to comply with any time limits for correction may result in cessation of food sale and/or service operations. An opportunity for a formal administrative hearing is provided for in Section 2-H, E and F of this Article. E. Suspension of Permit: 1. the City Environmental Health Officer or his/her authorized representative may, without notice or hearing, suspend any permit authorized herein if the holder of this permit does not comply with the requirements of this ordinance, or if the operation otherwise constitutes a substantial hazard to the public health. Suspension is effective upon service of the notice as required in Section 2.12 of this Article. When a permit is suspended, the holder of the permit or the person in charge shall be notified in writing, that the permit is, upon service of notice, immediately suspended and that an opportun- ity for a hearing will be provided if a written request for a hearing is filed with the City by the holder of the permit, within ten (10) days. The permit holder shall be afforded a hearing within ten (10) days of the date on which the City is in receipt of the written request for said hearing; 2. if the permit holder or the person in charge does not file a written request for a hearing with the City within ten (10) days of the notice of suspension then the suspension is sustained. The City may end the suspension at any time if the reason for suspension no longer exists; 3. whenever a food establishment is required under provision of this Article to cease operation, it shall not resume opera- tions until such time as a reinspection determines that conditions responsible for the requirement to cease operations no longer exists. Opportunity for reinspection shall be offered within a reasonable time. F. Revocation of permit: the City Environmental Health Officer or his/her authorized representative may, after providing opportunity for a hearing as specified in Section 2.11, revoke a permit for serious or repeated violations of any of the requirements of this Article or for interference with the City's enforcing authority in the course of his/her duties. The City shall notify the holder of the permit or person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten (10) days following service of such notice unless a written request for a hearing is filed with the City by the holder of the permit within such ten (10) day period. If no request for hearing is filed within the ten (10) day period, the revocation of a permit becomes final. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit. Section 2.12 SERVICE OF NOTICE Service of Notice: A notice provided for in this Article is properly served when it is delivered to the holder of the permit or person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit or is hand delivered to the person in charge of the establish- ment at the time of delivery. A copy of the notice shall be filed in the records of the City of North Richland Hills. Section 2.13 HEARINGS The hearing provided for in this Article shall be conducted by the Board of Appeals of the City at a time and place designated by said Board. Based upon the evidence introduce at such hearing, the Board of Appeals shall enter its order which shall sustain, reverse or modify the action of the City Environmental Health Officer in connection with the permit. The Board of Appeals will cause the order of the Board to be furnished to ~he appellant by the Health Officer within forty-eight (48) hours of the issuance of the said order and decision of the Board. Section 2.14 EXAMINATION AND CONDEMNATION OF FOOD Food samples may be examined or taken for analysis by the City Environmental Health Officer or his/her authorized representative as often as necessary for enforcement of this Article and may, upon written notice to the owner or person in charge specifying with particularity the reasons thereof, place a hold order on any food which is believed to be in violation of any portion of this ordinance and 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 removed from the establishment until the vendor of such food has furnished proof of the wholesomeness of the food product to the City Environmental Health Officer or his authorized representative. The City 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 (10) 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 ~~itten notice to denature or destroy such food or to bring it into compliance with the provisions of this Article. All costs accruing from such removal thereof shall be borne and paid for by the owner thereof. Section 2.15 EQUIPMENT AND UTENSILS; DESIGN AND FABRICATION A. Residential refrigerators, freezers and ranges are not approved for use in commercial food service establishments or food stores. Only equipment or utensils that meet or exceed the standards of the National Sanitation Foundation (NSF) will be approved. B. An exception to the former equipment requirements may be made with written approval of the City Environmental Health Officer or his/ her authorized representative for the following establishments or operations: 1. food establishments that will operate only under a temporary permit; 2. mobile food establishments. Section 2.16 EQUIPMENT INSTALLATION A~~ LOCATION Auxiliary equipment such as water heaters, remote connected refrigerator compressors and the central units of equipment used to treat the air by either heating, cooling or otherwise copditioning the air must be located outside food preparation areas. Section 2.17 SANITARY FACILITIES AND EQUIPHENT A. Lavatories: lavatories shall be separate facilities from sinks used for food preparation or utensil washing. Such facilities located in the food preparation areas of food establishments shall be equipped with hot and cold, potable water under pressure and metered by a mixing valve. B. Lavatory Supplies: if hand drying devices providing heated air are provided, they may only be used in restrooms. A sanitary dispenser containing hand cleaner shall be provided at each restroom lavatory. Sanitary disposable towels shall be provided in a dispenser conveniently located near each lavatory in food preparation areas. C. Toilet Facilities: 1. all new, change of ownership or remodeled food service establishments within the City in which food served to the customer is intended to be consumed on the premises, shall be equipped with separate toilet facilities for men and women, and shall comply with all requirements of the City Plumbing Code. 2. toilet facilities shall be located within the food service establishment and will provide the customer of said establish- ment direct and easy access to the establishment's toilet facilities from the dining area without having to go either outside the establishment or through the food preparation area. D. Cleaning Physical Facilities: In all new, change of ownership or remodeled food service establishments or food stores, at least one utility sink or curbed floor drain supplied with hot and cold water under pressure by means of a mixing valve or combination faucet, shall be provided and used for the cleaning of mops or similar wet cleaning tools and for the disposal of mop water or similar liquid wastes. E. In all new, change of ownership or remodeled food establishments at least a three-compartment sink shall be provided for the manual washing, rinsing and sanitizing of utensils and equipment. An exception to the former equipment requirements may be made with written approval of the City Environmental Health Officer or his/her authorized representative only in the case of a food establishment that shall operate under a temporary permit or food establishments that handle only non-potentially hazardous foods which require limited preparation. F. In all new, change of ownership or remodeled food establishments having mechanical utensil washing facilities, at least one (1) three (3) compartment sink shall be provided in addition to the mechanical utensil washer. Section 2.18 RESTRICTED OPERATIONS The retail sale and/or offering for sale and/or holding for sale of raw potentially hazardous food for consumption from temporary and mobile food establishments of all types and categories is prohibited within the City limits. The City Environmental Health Officer or his/her authorized representative may impose additional requirements pertaining to temporary and mobile food establishments in order to protect the public health and may prohibit the sale of some or all potentially hazardous foods from the former establishments. Section 2.19 FOOD SERVICE MANAGER'S TRAINING CERTIFICATION A. Every food service establishment permitted herein shall employ no less than one (1) Food Service Manager or other responsible employee in charge of food service operations who shall possess a current certification as a Food Service Manager from an approved training agency or certification program as determined by the City Environmental Health Officer or his/her authorized representative, except that temporary food service establishments and food service establishments that handle only pre-packaged foods and non- potentially hazardous foods which require only limited preparation are exempt from the provisions of this section. B. The Food Service Manager must be employed on the premises of the establishment to be in compliance with this Article. The Food Service Manager certification shall be obtained within the first ninety (90) days of employment in a managerial capacity. C. The owner or person in charge of any establishment permitted herein shall display all such certifications in a conspicuous place for inspection by the City Environmental Health Officer or his/her authorized representative. A copy of each manager's certification, as described and required in this Article, shall be filed in the records of the City. D. The fee set out in this Article is intended to cover the cost of issuing the certificate only. If the training is obtained through the Environmental Services Department of North Richland Hills, any cost to the city for such training shall be passed on to the Food Service Manager. Section 2.20 FOOD SERVICE HANDLER'S TRAINING CERTIFICATION A. Every employee of a food service establishment shall obtain a Food Service Handler Certificate within the first (1st) thirty (30) days of employment from the Environmental Services Department of the City of North Richland Hills. B. Prior to obtaining a Food Service Handler Certificate, the employee shall attend a training session on food safety available through the Environmental Services Department. C. There shall be a fee, as set out in this Article, for the training session. The fee shall also include the Food Service Handler Certificate which shall be displayed in a conspicuous place in the establishment for inspection by the City Environmental Health Officer or his/her authorized agent. A copy of each Food Service Handler Certificate shall be filed in the records of the City. D. Employees in grocery stores that do not work in a food service area shall be exempt from this Section provided they do not handle potentially hazardous food. ARTICLE III GREASE TRAP/INTERCEPTORS Section 3.01 GREASE TRAP/INTERCEPTOR REQUIRED No person shall discharge flammable substances, grease, wastewater containing grease in excess of 100 mg/l, oil or sand/grit into the sanitary sewer system. Where any operation necessitates such discharges, traps shall be provided. Any person responsible for discharge requiring a trap shall, at his own expense and as required by the Authority: A. Provide equipment and facilities of a type and capacity approved by the Authority; B. Maintain the trap in an effective operating condition; and C. Provide monitoring facilities as specified by the Authority. Section 3.02 GREASE TRAP/INTERCEPTOR LOCATION Grease Traps installed in food establishments shall be located outside of the establishment, unless approved in writing by the Building Official, Plumbing Board, Director of Public Works and City Environ- mental Health Officer or his/her authorized representative. Grease traps shall be located for easily accessible cleaning. Section 3.03 UNACCEPTABLE DISCHARGE/REVOCATION OF PERMIT A. In establishments where the level of grease, oil or sand/grit dis- charged into the sanitary sewer system is proven to be unacceptable by the Environmental Health Officer or his/her agent according to this Article, that establishment shall be required to install a grease trap/interceptor of sufficient capacity and design to prevent such unacceptable discharges. B. Failure to install an adequate grease trap/interceptor as directed by the Environmental Services Department may result in revocation of the Food Service Permit where applicable and shall be considered a separate violation under this Article. ARTICLE IV WASTE HAULERS Section 4.01 DEFINITIONS A. Approved: accepted as satisfactory under the terms of this article and given formal and official sanction by the approving authority. B. Approving Authority: the City Environmental Health Officer of any other official designated by the City Manager. C. Director: the director of the Environmental Services Department of the City of North Richland Hills. D. Disposal: the discharge, deposit, injection, dumping, spilling, leaking or placing of solid or semi-solid grease trap waster, grit trap waste and/or septage into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. E. Disposal Site: a permitted site or part of a site at which grease trap waste, grit trap waste or septage is processed, treated and/or intentionally placed into or on any land at which said waste will remain after closure. F. Disposer: a person who received, stores, retains, processes or disposes of liquid waste. G. Fee Schedule: applicable fee set by the City Council of North Richland Hills. H. Generator: a person who causes, creates, generates or otherwise produces liquid waste. I. Grease Trap: a water-tight receptacle designed and constructed to intercept and prevent the passage of greasy, fatty liquid, semi- liquid and/or solid wastes generated from commercial operations into the sanitary sewer system to which the receptacle is directly or indirectly connected. J. Grease Trap Waste: greasy, fatty liquid, semi-liquid and/or solid wastes removed from commercial operations by a grease trap. K. Grit Trap: a water-tight receptacle designed and constructed to intercept and prevent the passage of petroleum based oil, grease waste and solids into the sanitary sewer to which the receptacle is directly or indirectly connected. L. Grit Trap Waste: petroleum based oil, grease wastes and solids from commercial automotive or heavy machinery repair and/or washing facilities. M. Hazardous Waste: any liquid, semi-liquid or solid waste (or combination of wastes) which, because of its quantity, concentra- tion, physical, chemical or infectious characteristics may: 1. have any of the following characteristics; toxic, corrosive, an irritant, a strong sensitizer, flammable or combustible, explosive or otherwise capable of causing substantial personal injury or illness; 2. pose a substantial hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the Administrator, U.S. Environmental Protection Agency (EPA) pursuant to ,the Federal "Solid Waste Disposal Act," as amended by the "Resource Conservation and Recovery Act of 1976" and as may be amended in the future. N. Liquid Waste: water-borne solids, liquids and gaseous substances derived from a grease trap, grit trap, chemical/portable toilet and/or septic tank and described as a grease trap waste, grit trap waste or septage. O. Manager: the person conducting, supervising, managing or repre- senting the activities of a generator, transporter or disposer. P. Manifest System: used to document liquid waste. a system consisting of a four-part trip ticket the generation, transportation and disposal of Q. Owner: the person who owns a facility or part of a facility. R. Permit: the formal written document issued to a person by the approving authority authorizing collection of grease trap waste, grit trap waste and septage. S. Permittee: a person granted a permit under this article. T. Person: an individual, corporation (including a government corporation) organization, government, governmental subdivision or agency, federal agency, state, political subdivision of a state, interstate agency or body, business or business trust, partner- ship, association, firm, company, joint stock company, commission, or any other legal entity. U. POTW: Publicly Owned Treatment Works. V. Sanitary Sewer: a sewer which carries sewage and to which storm, surface and ground waters are not normally admitted. W. Septage: wastes removed from a portable toilet, chemical toilet or septic tank. X. Shall: the word "shall" wherever used in this article will be interpreted in its mandatory sense: "may" is permissive. Y. Special Wastes: solid waste or combination of solid wastes that, because of its quantity, concentration, physical or chemical characteristics or biological properties, require special handling and disposal to protect the human health or the environment. Z. Spill: the accidental or intentional loss or unauthorized dis- charge of grease trap waste, grit trap waste and septage. AA. Tank: a device, designed to contain an accumulation of grease trap waste, grit trap waste and septage which is constructed primarily of non-earthen materials (e.g., concrete, steel, plastic) to provide structural support for the containment. BB. TDH: Texas Department of Health CC. TWC: Texas Water Commission DD. Toxic Waste: which has the a susceptible any liquid, semi-liquid or solid waste material ability to chemically produce injury once it reaches site in or on the body. EE. Transporter: a person who operates a vehicle for the purpose of transporting liquid waste. FF. Trip Ticket: the shipping document originated and signed by the transporter which contains the information required by the approving authority. GG. Vehicle: a mobile device in which or by which liquid waste may be transported upon a public street or highway. Section 4.02 PERMITS A. A person commits an offense if he operates or causes to be operated a vehicle for the purpose of transporting liquid waste without an applicable permit. A permit shall be issued for transportation of liquid waste and the approving authority shall designate on the permit the liquid waste authorized for trans- portation in the vehicle. A separate vehicle permit number is issued for each vehicle operated. B. A person who desires to obtain a permit must make application on a form provided by the approving authority. C. A person who desires to obtain a permit must submit to' the approving authority at the time of application a photocopy of the manager's drivers license. The approving authority shall be notified of manager employment changes during the permit period and shall be provided a copy of the manager's drivers license. D. The approving authority shall not issue a permit unless the appli- cant submits for inspection by the approving authority the vehicle the applicant proposes to use to transport liqu~d waste and the vehicle is found by the approving authority to be constructed and equipped in accordance with the provisions of this article. E. A permit is not transferable. F. A permit by the City of North Richland Hills excludes the hauling of materials that are hazardous in nature. G. Transporters transporting hazardous wastes must have the applic- able Texas Water Commission and U.S. Environmental Protection Agency (EPA) registration number and use the appropriate EPA mani- fest systems. H. Each applicant must specify the disposal site or sites to be used for the authorized disposal of liquid wastes. The approving authority shall be immediately notified of additional disposal sites used during the permit period. Section 4.03 DISPLAY OF PERMITS The approving authority shall number permits consecutively and each permit holder shall cause to be displayed, on each side of each vehicle in a color contrasting with the background in three inch letters or larger, the business name, TDH registration number and the following example: NRH 000 The first three letters (NRH) shall represent the City of North Richland Hills. The numbers (000) shall be the permit number. The permit holder shall place business name, TDH registration number and the vehicle permit number on each vehicle before the vehicle is operated. The permit holder shall keep the permit receipt, or a copy, in the vehicle at all times. Section 4.04 PERMIT DURATION AND RENEWAL: the permit shall be renewable on October first (1st) of each calendar year. Section 4.05 LIQUID WASTE VEHICLES: MAINTENANCE A. A liquid waste transporter shall: 1. maintain hoses, tanks, valves, pumps, cylinder, diaphragms, pipes, connections and other appurtenances on a vehicle in good repair and free from leaks; 2. provide a safety plug or cap for each valve of a tank; 3. cause a vehicle exterior to be clean and the vehicle odor-free at the beginning of each work day. B. The approving authority may cause to be impounded a vehicle which is being operated in violation of this article and he/she may authorize the holding of the vehicle until the violation is corrected. The approving authority may also revoke the permit for the improperly operated vehicle. If a vehicle is impounded or if a permit is revoked, an appéal may be filed by the transporter pursuant to Section 4.13 of this ordinance. Section 4.06 LIQUID WASTE VEHICLES: INSPECTION A. A liquid waste transporter's vehicle shall be inspected by the approving authority prior to the issuance of a vehicle permit with qualifications as follows: 1. use of a vehicle with a single tank as an integral portion of vehicle to transport liquid wastes; portable tanks or other containers temporarily installed in vehicles are prohibited. 2. piping, valves and connectors shall be permanently attached to tank and/or vehicle; 3. tank to be liquid tight; 4. tank to be constructed so that every interior and exterior portion can be easily cleaned; 5. piping, valves and connections shall be accessible and easy to clean; 6. inlet or opening of tank to be constructed so that collected waste will not spill during filling, transfer or during transport; 7. outlet connections to be constructed so that no liquid waste will leak, run or spill out from the vehicle; 8. outlets to be of a design and type suitable for the liquid waste handled and capable of controlling flow or discharge without spillage or undue spray on or flooding of immediate surroundings while in use; 9. pumps, valves, cylinders, diaphragms and other appurtenances to be of a design and type suitable for the type of waste handled, capable of operation without spillage, spray, or leakage and capable of being easily disassembled for cleaning. Section 4.07 RESPONSIBILITIES OF A LIQUID WASTE TRANSPORTER A. Before accepting a load of liquid waste for transportation, a liquid waste transporter shall determine the nature of the material to be transported and that his equipment is sufficient to properly handle the job without spillage, leaks or release of toxic or harmful gasses, fumes, liquids or other substances. ~pon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste. B. A transporter with the City of North Richland Hills liquid waste transporter permit shall not transport materials that are hazardous as defined in Section 4.01 in vehicles permitted by the City for transporting liquid waste. C. A transporter holding a City of North Richland Hills permit must use a disposal site permitted and approved by the City, state or federal government. D. A manifest system consisting of a four-part trip ticket is used to document the generation, transportation and disposal of all applicable liquid waste generated in the City of North Richland Hills and shall be used as follows: 1. the trip ticket books shall be purchased by the transporter from the City of North Richland Hills, Environmental Services Department; 2. a transporter shall complete one trip ticket for each location serviced, with the exception of chemical/portable toilet com- panies servicing their own units. Chemical/portable toilet companies servicing their own units shall be exempt from trip ticket requirements but shall be required to submit a monthly total of volumes disposed and location of disposal to the approving authority; 3. white copy of trip ticket signed by transporter and generator at time of waste collection and yellow copy maintained by generator; 4. white copy of trip ticket signed by disposer at time of disposal and pink copy maintained by disposer; 5. green copy of trip ticket maintained by transporter; 6. all completed trip ticket books containing the white copy of the trip ticket will be delivered at least monthly by the transporter to the City of North Richland Hills, Environmental Services Department; 7. a copy of all trip tickets shall be maintained for a period of two years. E. The liquid waste transporter shall empty each trap/interceptor completely. No partial pumping of trap shall be permissable. Section 4.08 ACCUMULATION OF LIQUID WASTE A person commits an offense if he/she allows liquid waste that emits noxious or offensive odors or is unsanitary or injurious to public health to accumulate upon property under his/her control or on the property of another. Section 4.09 DISPOSAL OF LIQUID WASTE A. A generator of liquid waste shall have all liquid waste material picked up from his/her premises by a liquid waste transporter who holds a valid permit from the City and the liquid waste shall be transported to an approved site for disposal. B. A generator of liquid wastes shall not have hazardous wastes or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a City permit. C. A generator shall sign the trip ticket from the transporter when a load is picked up by the transporter and shall keep a copy of all trip tickets for a period of two years. The approving authority may inspect these records during normal business hours. D. A generator shall: 1. install or provide collection device of size and type specified by approving authority; 2. maintain collection device in continuous, proper operation; 3. supervise proper cleaning of collection device; 4. report spills and accidents involving collection device to approving authority within 24 hours; 5. clean up all spills and accidents immediately and have material disposed of by permitted transporter by proper means. E. A generator who engages the services of a liquid waste transporter which does not hold a valid permit from the City may have that establishment's Food Service Permit revoked where applicable. Section 4.11 RESPONSIBILITIES OF LIQUID WASTER DISPOSERS A. A liquid waste disposer commits an offense if he/she allows accumulation of liquid waste on his premises so that rainfall could carry the material to storm sewers or adjacent property or create a noxious odor or health hazard. B. A liquid waste disposer shall: 1. obtain and maintain compliance with all licenses and/or permits required by local, state or federal law; 2. accept waste only from a permitted transporter; 3. maintain trip ticket copies for a period of two years; 4. accept only those classes of wastes authorized by license or permit; 5. make available all records required to be kept for inspection by the approving authority during normal business hours. Section 4.12 RULES AND REGULATIONS The approving authority may promulgate rules and regulations as may be necessary to carry out the provisions of this article and protect the public from health and safety hazards. The approving authority may undertake immediate actions as may be necessary to protect the public from health and safety hazards. The approving authority may amend any permit issued hereunder to ensure compliance with applicable laws and regulations. Section 4.13 DENIAL, SUSPENSION, REVOCATION OR PERMIT A. The approving authority may deny a permit if it is determined that an applicant is not qualified under this article and may suspend or revoke a permit if it is determined that a permittee: 1. is not qualified under Section 4.02 of this article; 2. has violated a provision of this article; 3. has failed to pay a required fee; 4. has failed to comply with maintenance or inspection requirements; 5. has failed to deliver trip tickets to the approving authority. B. After suspension under this section, a permittee may file a request for reinstatement of the permit. ìfuen the approving authority determines that the permittee is again qualified, all violations have been corrected, precautions have been taken to prevent future violations and all required fees have been paid, he shall reinstate the permit. C. The approving authority may revoke for a period of one year or less all permits held by a liquid waste transporter if the trans- porter or an employee of the transporter violates any of the provisions of this article, any rule or regulation promulgated by the approving authority or applicable provisions of the City code or state law. D. A permittee whose permit is suspended or revoked shall not collect, transport or dispose of any waste materials within the jurisdiction of the approving authority. Section 4.14 HEARING A. If the approving authority denies the issuance of a permit or revokes a permit, he/she shall send to the applicant or permit holder, by certified mail, return receipt requested, written notice of his/her actions and the right to a hearing. B. The hearing provided for in this Article shall be conducted by the Board of Appeals of the City of North Richland Hills at a time and place designated. Based upon the recoTded evidence of such hearing, the Board of Appeals shall make a final finding and shall sustain, modify or rescind the action of the approving authority. A notice of the hearing decisions shall be furnished to the holder of the permit by the City Environmental Health Officer. Section 4.15 RESPONSIBILITY OF CORPORATIONS OR ASSOCIATIONS A. In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting in behalf of a corporation or association and within the scope of his office or employment. B. Any person, operator or owner who shall violate any provision of this ordinance or who shall fail to comply with any provision hereof, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed one thousand dollars ($1,000.00), and each violation and each day a violation continues, shall constitute a separate offense and shall be punished accordingly. C. Any person found to be guilty of violating prov~s~ons of this article shall become liable to the city for any expense, loss or damage occasioned by the City for reason of appropriate clean-up and proper disposal of said waste materials. Additionally, an administrative fee equal to one-half (1/2) of assessed clean-up costs shall be levied by the City against the guilty person. ARTICLE V CHILD CARE FACILITIES Section 5.01 PURPOSE The purpose of this Article is to provide m1n1mum standards for the operation of Child Care Centers in the City of North Richland Hills, to protect the health, safety and welfare of the occupants and patrons. Section 5.02 TEXAS DEPARTMENT OF HUMAN SERVICES REGULATIONS ADOPTED There is hereby adopted the "Minimum Standards For Day Care Centers" as published and promoted by the Texas Department of Human Resources, a copy of which 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. Section 5.03 DEFINITIONS A. Child Care Facility: A facility where child care occurs. The term "child care" shall be applied where: 1. care, training, education, custody, treatment or superV1S10n is provided for more than six (6) children, exclusive of persons who are related by blood, marriage or adoption to the owner or operator of the facility; and 2. care, training, education, custody, treatment or superv1s10n is provided for all or part of a twenty-four (24) hour day on a regular basis at least four (4) days a week; and 3. the facility is intended to provide child care at least twenty-six (26) weeks per year; and 4. more than one-quarter (1/4) of the children cared for at the facility are under eleven (11) years of age. B. The term "child care" shall not apply to: 1. a State-operated facility; 2. an agency home as defined by V.T.C.A., Human Services Code, Section 42.002(11); 3. 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; 4. 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; 5. a youth camp licensed by the Texas Department of Health. 6. a hospital licensed by the Texas Department of Health and Mental Retardation or the Texas Department of Health; 7. an educational facility accredited by the Central Education Agency or the Southern Association of Colleges and Schools that operate primarily for educational purposes in grades Kindergarten and above; 8. 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 three (3) hours 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; 9. a Kindergarten or preschool educational program that is operated as part of a public school or a private school accredited by the Central Education Agency, that offers educational programs through Grade 6 and that does not provide custodial care during the hours before or after the customary school day. 10. a registered family home as defined by V.T.C.A., Human Services Code, Section 42.002(9); or 11. an educational facility that is integral to and inseparable from its sponsoring religious organizations or an educational facility, both of which do not provide custodial care for more than three (3) hours maximum per day and that offers educa- tional 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 (3), 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 three (3) hours per day. C. For purposes of this Article, "religious organization" shall be defined as a church, synagogue or other religious institution whose purpose is to support and serve the propagation of truly held religious beliefs. D. Fee schedule applicable: fee set by the City Council of North Richland Hills. Section 5.04 ADMINISTRATION: PERMIT ISSUE, INSPECTION, COMPLIANCE, ENFORCEMENT A. The Environmental Health Officer of his/her designee is hereby authorized to issue a Child Care Facility permit in the City of North Richland Hills when he/she finds that the permit applicant has complied with the requirements of this Article and other applicable sections of the City Code. He/she shall cause the Child Care Facility to be inspected not less frequently than semi-annually to ensure that the facilities, grounds and equipment are maintained in compliance with this Article and in a safe and sanitary condition for the welfare of the occupants and patrons of the Child Care Facility. He/she shall cause reports of inspec- tions to be kept on file in the Environmental Service Department and issued to the Child Care Facility, along with appropriate directives to resolve deficiencies observed in the inspections. He/she shall have the authority to enforce the provisions of this Article and to issue citations for violation of any of its provisions. B. The operator of the Child Care Facility shall operate the facility in compliance with the provisions of this Article and other applicable sections of the City Code, and shall respond within the specified schedule of time when any deficiency or violation has been identified by the Environmental Health Off~cial or his/her designee. Section 5.05 PERMIT REQUIRED No person, firm or corporation shall operate a Child Care Facility in the City of North Richland Hills unless and until a permit for such purpose has been issued by the Environmental Health Official or his/her designee. Section 5.06 PER}1IT APPLICATION A. Application for a permit to operate a Child Care Facility shall be submitted by the operator on a form specified by the Environmental Services Department. B. The permit application shall state the name, address and telephone number of the permit applicant and the name and social security account numbers of all employees and staff members of the Child Care Facility. C. The permit application shall indicate the name, street, mailing addresses of the Child Care Facility and the current zoning of the property. A site plan shall be submitted, dra"~ to an accurate scale, indicating the legal description of the property and showing the indoor and outdoor areas to be used for the Child Care Facility. D. The permit application shall affirm that a Certificate of Occupancy has been applied for with the Building Inspection Department, its issuance contingent, in part, on the successful application for Child Care Facility Permit. E. The permit application shall include a certificate of liability insurance coverage for bodily injury or death of any person entrusted to the care of the Child Care Facility. The amount of said insurance coverage shall not be less than $100,000.00. Section 5.07 PERMIT DURATION AND RENEWAL The permit shall be renewable on October first (1st) of each calendar year. Section 5.08 PERMIT SUSPENSION AND REVOCATION A. The Environmental Health Official or his/her designee is hereby authorized to suspend or revoke a Child Care Facility permit for a violation of any provision of this Article. Suspension or revoca- tion 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 suspension: 1. failure to respond within specified limits of time regarding violations observed during Health Department inspection of the premises and operation; 2. violation by the operator or any employee or staff member of the requirements for permit as contained in Section 5.09 or Section 5.10; 3. any violation of this Article which poses a danger to any child entrusted to the care of the Child Care Facility; 4. failure to keep continually in force the required insurance against liability for bodily injury or death. C. The following actions shall constitute cause for revocation: 1. failure to correct a violation for a period of six (6) months following suspension of the permit; 2. knowingly submitting false information, or allowing false information to be submitted, in the application for a permit. D. A permit that has been suspended may be reactivated only after an Environmental Services Department inspection has confirmed that the condition causing the suspension has been corrected. Request for reactivation shall be made to the Environmental Health Official or his designee and shall be evaluated as if for the initial application. E. A permit that has been revoked shall not be reissued. Section 5.09 DISPLAY OF PERMIT The Child Care Facility permit shall be conspicuously posted on an inside wall of the main facility and shall be continuously displayed in public view. Section 5.10 PERMIT NON-TRANSFERABLE No permit issued under this Article shall be used for any purpose other than the intent 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 Environmental Health Official. Section 5.11 RESPONSIBILITY OF EMPLOYER A. No Child Care Facility shall employ any person who has been convicted of any offense, felony or misdemeanor protecting the health, safety or welfare of a child for for causing bodily harm to any person or of any offense contained in Chaperts 6, 25 or 43 of the Texas Penal Code. B. Notification 1. ~~en the operator of a Child Care Facility has been advised that an indictment or criminal complaint has been filed with the County or District Attorney's Office against any person working at the Facility alleging that such person has committed one of the offenses specified in Section 5.11, the operator shall notify the Environmental Health Official not later than the next workday. 2. When the operator of a Child Care Facility has been advised that a person has been indicted as specified in Subsection (B-1), the operator shall ensure that such person does not come in contact with the enrolled children until the charges are resolved. Section 5.12 PERMIT REFUSAL OR REVOCATION Upon finding that the necessary permit may not be issued or that said permit should be suspended or revoked or has expired, the Environ- mental Health Official or his/her designee shall, within ten (10) days of the finding, notify the applicant in writing specifying the result of the finding and the reasons therefor. The applicant's appeal shall be to the Board of Appeals as specified elsewhere in this Ordinance. Section 5.13 FOOD SERVICE IN CHILD CARE FACILITIES A Child Care Facility in which food is prepared for human consumption shall comply with the pertinent food service regulations in Article II of this Ordinance. The fees set forth in Article II for Food Service Establishments shall not be required for the food service portion of a Child Care Facility, however, those employees handling food or food containers shall be required to obtain Food Service Handler or Manager's Certificates as set down in Sections 2.19 and 2.20. Section 5.14 TOILET AND PLUMBING FIXTURES AND FACILITIES A. Toilet fixtures and facilities shall be provided in accordance wi th Appendix "c" of the Uniform Plumb ing Code as adopted in the North Richland Hills Plumbing Code. B. The temperature of any water available to the occupants or patrons of a Child Care Facility shall not exceed 120 degrees Fahrenheit. C. Except where intended only for use by the children, each lavatory shall be provided with both hot water and cold water, tempered by a means of a mixing valve or combination faucet. Any self- closing, slow-closing or metered faucet shall provide a flow of water for at least fifteen seconds without the need to reactivate the fauce t. D. Toilet tissue, paper towels or clean cloths, and soap shall be available at all times for the use of occupants and patrons. Section 5.15 PLAYGROUND PROVISIONS A. An outdoor playground shall be provided and shall be supervised by adults in an adult-child ratio not less than that maintained in indoor activities. B. A playground shall provide not less than eighty (80) square feet of area for each child occupying the area at one time." C. The playground area, including all play equipment, shall be main- tained in a safe condition. No sharp edges, dangerous protru- sions or other obvious hazards shall be allowed in the play area. D. A playgroûna-shall be surrounded by an approved fence not less than six (6) feet in height. Fences at Child Care Facilities in existence at the time of the effective date of this ordinance may be continued and maintained if they are a minimum of four (4) feet in height. E. Any pool, pond or other body of water greater than ten (10) inches in depth shall be separated from a playground by a fence as described in (D) above. F. Outdoor activities and field trips where children may encounter a pond or other body of water shall be attended by an adult competent in water-safety procedures. Section 5.16 RELEASE OF CHILD A. The Child Care Facility shall maintain a register for the signa- ture of persons to whom children are released. Daily signatures shall not be required by this Article for authorized persons to whom children are regularly released, however, the Child Care Facility may require such signature of any persons at its discre- tion. B. An enrollment agreement required upon admission of any child to the Child Care Facility shall include a statement that the child will be released only to a parent or a person named by the parent and a statement that persons bringing the child or picking up the child will ensure that a staff member is aware of the child's arrival or departure. School-age children who leave the facility to go to classes or other approved activities shall have written permission from their parents; parents shall specify the activity, time and method of transportation. The Child Care Facility shall maintain a record of parents and other persons to whom the child is authorized for release. Each parent shall provide the Child Care Facility with the final four digits of their social security account number for purposes of security in emergency conditions as identified in subsection (C) below. In the case of a divorce after the child has been enrolled, it shall be the responsibility of the one who is granted custody of the child (being the one with whom the child lives) to provide the Child Care Facility with a copy of the custody decree or agreement and request that the authorization records for release of the child be changed. C. When emergency conditions require that a child be released to a person not identified in the release authorization records, the Child Care Facility shall require the parent's prior approval, which may be submitted by telephone. The parent, identified for security by the four-digit social security number, shall designate the person to whom the child may be released. The person to whom the child is to be released must, in turn, provide the parent's four-digit number as identification and shall be photographed by the Child Care Facility and provide a signature on the photograph, which shall be retained by the Child Care Facility for at least three (3) months. Section 5.17 SAFETY AND SANITATION A. The number of persons regularly occupying the building shall not exceed one person (child or adult) for each 35 square feet of building area as determined by the North Richland Hills Building Code. B. A fire evacuation diagram shall be conspicuously posted in assembly rooms and classrooms in a Child Care Facility. All employees and staff members shall be instructed in fire emergency procedures. Fire evacuation drills shall be conducted at sufficient intervals to assure familiarity with emergency procedures among employees and staff members. C. Electrical outlets accessible to children shall be protected with child-proof covers or safety outlets when not being used. D. A Child Care Facility shall not be located in a mobile home or in any part of a building other than the ground level. E. A Child Care Facility 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 medium-sized package or container of each of these first-aid supplies shall be maintained in unopened reserve at all times. A magnifying glass 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. F. Permanent signs shall be conspicuously posted in restrooms and food service areas so as to be noticed by normally observant individuals reminding all persons to wash hands before eating and after using the toilet. Employees and staff members shall wash hands before and after changing a diaper and before feeding a child. Permanent signs, including pictorial messages, shall be posted for communication with children unable to read. G. A diaper-changing station shall be cleaned and sanitized after each use. The diaper-changing stations shall be located within, and shall be easily accessible to, area where babies are kept . H. Smoke detectors shall be installed to provide an effective warning to the building occupants of fire in any kitchen area, sleeping area, or any area containing mechanical equipment. Location and connection of smoke detectors shall comply with the Fire Code. I. A person certified in cardiopulmonary resuscitation of children shall be present at the Facility during all hours of operation. Certificates evidencing such training shall be available at the center. ARTICLE VI PUBLIC AND SEMI-PUBLIC SWIMMING POOLS Section 6.01 DEFINITIONS A. Fee Schedule - applicable fee set by the City Council of North Richland Hills. B. Free Chlorine Residual - The chlorine concentration, in milligrams per liter (mg/l) units of water, available for rapid and effective biocidal action. This is the chlorine which remains uncombined with nitrogenous or ammonical compounds after the initial chlorine demand of the water has been satisfied. C. Lifeguard - An individual schooled and certified in an advanced course of instruction in lifesaving and water safety equivalent to that offered by the American Red Cross. D. Manager of Operations - The person ultimately responsible for the safe, sanitary maintenance of a public or semi-public pool. E. Private Pool - Any pool located on private, single-family resi- dential property under the control of the homeowner or tenant, the use of which is limited to members of the homeowner's or tenant's family or invited guests. F. Public Pool - Any pool, spa or water slide which is intended to be used by the general public for swimming, bathing or other related purposes and is operated by an owner, lessee, operator, licensee or concessionarie, regardless of whether a fee is charged for use. G. Residential - Pertaining to any structure or premises used for permanent living quarters of whatever type, including conventional single-family residences, duplexes, multi-family residences, apartments or mobile homes. H. Semi-public Pool - Any pool, spa or water slide which is not included within the definition of either "Private Pool" or "Public Pool" as those terms are defined herein. 1. Spa - A "therapeutic pool, "hydrotherapy pool," "whirlpool," "hot tub" and similar type pools which may not be drained, cleaned and refilled for each individual. J. Swimming Pool or Pool - Any structure, basin, chamber or tank containing an artificial body of water for swimming, diving or recreational bathing and shall include water slides. K. Water Slide - Any recreational water slide flume designed to provide a descending ride into a splash-down pool at the base of the slide. Section 6.02 PERMIT REQUIRED A. A person shall not operate a public or semi-public pool in the City of North Richland Hills unless and until a permit for such purposes has been issued by the Environmental Services Official or his/her designee. B. An application for such permit as required in this Article shall be made in writing to the Environmental Services Official or his/her designee upon forms prescribed and furnished by the city of North Richland Hills. C. An applicant must designate a Manager of Operations for each pool for which a permit is sought and the person designated as the Manager of Operations must be employed on the premises where the pool is located. D. Operational permits shall expire on September 30th of each year, unless suspended for cause before expiration date and must be renewed each year as described in this Section. E. Public pools which are owned and operated by the City or Public School must obtain an operational permit but shall be exempt from paying the application fee and the operational permit fee. Section 6.03 PERMIT DURATION AND RENEWAL: the permit shall be renewable on October first (1st) of each calendar year. Section 6.04 INSPECTIONS The Environmental Services Official is authorized to conduct such inspections as he deems necessary to ensure compliance with all provisions of this ordinance. He/she shall have right of entry at any reasonable hour upon the premises where a public or semi-public pool is located. He/she shall have the authority to collect water samples from the pool. Section 6.05 }lAINTENANCE AND OPERATION A. Every public and semi-public pool shall be under the supervision of a Manager of Operations, as provided in Section 6.02 above, who shall be responsible for compliance with all parts of this Article relating to pool maintenance, pool operation and safety of swimmers. It shall be unlawful for such Manager of Operations to cause or permit the existence of a condition which is in violation of any part of this Article. B. All pumps, filters, disinfectant and chemical feeders, drains, ladders, lighting, ropes and appurtenant equipment used in the operation of all public and semi-public pools shall be maintained in a good state of repair. C. All public and semi-public pools shall be treated and maintained in accordance with the following standards: 1. Every pool shall contain a disinfection cQncentration of a minimum free chlorine residual of 1.0 mg/l. Every spa shall contain a disinfection concentration of a m~n~mum free chlorine residual of 2.0 mg/l. Use of any disinfectant other than chlorine must be approved by the Environmental Services Official. A test kit for measuring the concentration of the disinfectant, accurate within 0.2 mg/l, shall be provided at each pool/spa. 2. If cyanuric acid is used to stabilize the free available chlorine, or if one of the chlorinated isocyanurate compcunds is used as the disinfecting chemical, the concentration of cyanuric acid in the water should be at least 30 mg/l, but shall not exceed 100 mg/l. A test kit should be available for measuring the concentration of cyanuric acid. 3. Every pool shall have water with a pH of not less than 7.2 and not more that 8.0. A pH test kit, accurate to the nearest 0.2 pH units, shall be provided at each pool. The total alkalinity of the pool water shall be at least 50 mg/l, but not greater than 15 mg/l. 4. The presence of organisms of the coliform group in any sample shall be deemed unacceptable water quality. 5. Every pool shall have water clarity sufficient for the main drain or a six inch (6") diameter tubidity test disk placed at the deepest part of the pool to be clearly visible. Failure to meet this requirement shall be sufficient cause for immediate closure of the pool. 6. Every pool shall be free of scum and foreign floating matter, sediment, dirt, slime, algae and all other foreign material that may be condu~iveto the transmission of disease. D. The recirculatory system of a public or semi-public pool must be in operation and properly maintained at all times. E. Water introduced into the pool shall be supplied through an approved air gap. Any other method of introducing water into the pool system must comply with the Uniform Plumbing Code of the City of North Richland Hills. F. Areas surrounding a public or semi-public pool, including bath- houses, dressing rooms, toilets, shower stalls and lounging areas shall be kept clean and in a state of good repair at all times. G. All swimming pool backwash and drainage water shall be disposed of directly into city sanitary sewer system through lines and equip- ~ent installed in accordance with Uniform Plumbing Code. Section 6.06 HEALTH AND SAFETY PROVISIONS A. All public pools, excluding spas, shall be attended by at least one (1) lifeguard during all hours of operation. B. The following safety equipment shall be readily available at all public and semi-public pools, excluding spas and water slides, during all times they are open for use: 1. A life pole or shepherd's crook type of pole, having blunted ends, with a minimum length of twelve feet (12'); or a ring buoy of not more than fifteen inches (15") in diameter, to which shall be attached a throw line at least the length of the maximum width of the pool. 2. A guard line rope separating the shallow portion of the pool from the deep portion at the breakpoint depth. C. Semi-public pools, where no lifeguard service is provided, shall post in plain view at each entrance to the pool a warning sign which states "WARNING - NO LIFEGUARD ON DUTY," with clear, legible letters at least four inches (4") in height. In addition, the sign shall also state, "CHILDREN SHOULD NOT USE POOL WITHOUT AN ADULT IN ATTENDANCE." D. A sign shall be placed in distinct view of swimmers at all semi- public pools giving the emergency telephone number of the Police Department and the ambulance service or shall state the location of the nearest telephone and also state that emergency telephone numbers are posted at that location. At public pools, these telephone numbers shall be conveniently located at each telephone location. E. Depth markings must be visible at or above the water surface of the vertical pool wall and on the edge of the deck next to the pool, at maximum and minimum depth points, at points of break between depths and spaced at not more than twenty-five foot (25') intervals around the entire perimeter of the pool. Markings must be in numerals of a minimum height of four inches (4"). F. A sign should be posted requiring a shower before using the pool. G. A sign should be posted at all public and semi-public spas warning that alcohol should not be consumed prior to or while using the spa. H. All chemicals used in swimming pool water treatment shall be stored in their original containers and kept in a cool, dry and well-ventilated place, out of the reach of children and should be kept in a locked room. I. The pool shall be surrounded by an approved wall or fence not less . than six feet (6') in height with self-latching gates with locks at all entrances into the pool area. Section 6.07 REGULATIONS IN POOL AREA A person commits an offense if he/she: A. allows an animal under his/her control to enter or remain within the pool area or pool enclosure of a public or semi-public pool; or B. has skin abrasions, open sores, skin disease, eye disease, nasal or ear discharge or a communicable disease and swims in a public or semi-public pool; or C. works at a public or semi-public pool while infected with a communicable disease; or D. alters or removes safety equipment from a public or semi-public pool except in an emergency; or E. carries glass within a public or semi-public pool area or enclosure. Section 6.08 FAILURE TO COMPLY Failure to comply with any section of this ordinance may result in the immediate closure of the pool and/or the initiation of legal action. Upon determination that the pool does not comply with the provisions of this ordinance, the Environmental Services Official shall notify the Manager of Operations of the existing violations. If the Environ- mental Services Official determines that the condition of the pool is hazardous to the health or safety of the swimmers or of the general public, the pool shall be immediately closed. Signs shall be posted at all entrances to the swimming pool. Said sign shall be clearly visible to a reasonably observant person and shall state, "Closed by the North Richland Hills Environmental Service Department." A rein- spection of the pool will be conducted during the regular working hours of the Health Department at the request of the Pool Manager of Operations. If compliance has been achieved,- ~tñe Manager of Operations shall be notified that the pool may be opened. Section 6.09 VIOLATION OF CLOSURE ORDER When the Environmental Services Official has ordered that a pool be closed due to non-compliance with any provision of this ordinance, the owner of such pool shall not knowingly allow the pool to be used for swimming, diving or bathing purposes and shall immediately take every reasonable step to prevent the use of such pool for such purposes. By way of example and without limiting such duty, the owner shall (1) immediately post notices reasonably likely to come to the attention of potential users of the pool, advising of the closure and (2) shall immediately lock all gates and doorways in any fence or other enclosure surrounding such pool. . Use of the pool by an individual for swimming, diving or bathing purposes after the Environmental Services Official has ordered such pool to be closed shall be deemed prima facie evidence that the owner of said pool has knowingly allowed the pool to be used for such purposes. Section 6.10 ENFORCEMENT RESONSIBILITY The Environmental Services Official or his authorized representative shall have enforcement responsibility for this ordiance. ARTICLE VII SCHEDULE OF FEES A1~ PERMIT FEES Section 7.01 FOOD SERVICE PERMIT FEES AND OTHER FEES A. Annual Permit 1. 0 - 5 employees 2. 6 - 20 employees 3 . 2 1 and a b ov e $150.00 $250.00 $300.00 B. Seasonal Permit C. Temporary Permit D. Mobile Food Unit $100.00 $ 50.00 1. First Unit 2. Each additional Unit $100.00 $ 50.00 E. Food Handler Certification F. Food Manager Certification $ 10.00 $ 10.00 Section 7.02 WASTE HAULERS PERMIT FEES A~~ OTHER FEES A. ~aste Hauler Permit 1. First Unit 2. Each additional Unit $100.00 $ 50.00 B. Manifest ticket book $ 10.00 Section 7.03 CHILD CARE FACILITIES PERMIT FEE A. Child Care Facility fee $150.00 Section 7.04 PUBLIC AND SEMI-PUBLIC POOLS PE~~IT FEES A. Public and Semi-Public Pool Permit $100.00 ARTICLE VIII SEVERANCE That it is hereby declared that the sections, articles, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, subsection, article or section of this ordinance shall be declared void, ineffective, or unconstitutional by a valid judgment or final decree of a court or competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, subsections, article or sections of this ordinance since the same would have been enacted by the City Council with the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph subsection, article or section. REPEALER All ordinances or parts of ordinances not consistent or conflicting with the provisions of this ordinance are hereby repealed; provided that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this ordinance. PENALTY Any person, firm, association of persons, company, corporation or their agents, servants or employees violating or failing to comply with any of the provisions of any Health Article shall be fined upon conviction not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00) and each day any violation of non-compliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by state law and the power of injunction as provided in Vernon's Ann. Civ. St. Art. 1175(f), (1) to (8) and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. This ordinance shall be in full force and effect from the date of passage and approval and publication as required by law: Passed and approved this ATTEST: Jeanette Rewis, City Secretary APPROVED AS TO FORM AND LEGALITY: Rex McEntire, Attorney for the City day of Tommy Brown, Mayor . 19