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HomeMy WebLinkAbout1967-0527 - Ordinance - 06/26/1967ORDINANCE NO. 527 AN ORDINANCE PERTAINING TO THE REGULATION OF KINDERGARTENS AND CHILD-CARE OR DEVELOPMENT FACILITIES; DEFINING TERMS; REQUIRING PERMITS FOR THE OPERATION OF A KINDERGARTEN AND A CHILD-CARE OR DEVELOPMENT FACILITY; PRESCRIBING PROCEDURE FOR OBTAINING PER- MITS, INSPECTIONS, AND PAYMENT OF FEES; RESTRICTING TRANSFER OF PERMITS; SETTING FORTH MINIMUM OPERATIONAL STANDARDS; MAKING VIO- LATION OF SUCH ORDINANCE A MISDEMEANOR; PROVIDING A PROCEDURE FOR THE REVOCATION OR SUSPENSION OF PERMITS ISSUED UNDER SUCH OR- DINANCE AND APPEAL THEREFROM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. An ordinance is hereby established relating to kindergartens and child- care or development facilities, as follows: Section 2. Definitions and Exemptions. A. Definitions 1. Kindergarten - As used in this ordinance the term "Kindergarten" shall mean: Any school, private or parochial, operated for profit or not, attended by four or more children at any one time during part of a 24 hour day, which pro- vides a program of instruction for children below the first grade level in which constructive endeavors, object lessons and helpful games are prominent features of the curriculum. 2. Child -Care or Development Facilities - As used in this Ordinance the term " Child -Care or Development Facility" shall mean and include the fol- lowing: a. Any children's home, orphanage, institution, private home, residence or other place, whether public, parochial or private, operated for pro- fit or not, which keeps, cares for, has custody of or is attended by four or more children under sixteen years of age, at any one time, who are not members of the immediate family of any natural person operating any such place, during any part of all of the twenty-four hour day. b. Any institution, home or other place, whether public, paro- chial or private, conducted for profit or not, which keeps, cares for, has custody of or is attended by any number of children, under sixteen years of age, who are not members of the immediate family of any natural person operating such place, who are mentally or physically handicapped, under medical or social supervision, and not within a hospital, twenty-four hours a day. 01340 Ordinance No. 527 Page 2 B. Exemptions 1. This ordinance shall not apply to the following: a. All public schools and those classes, grades or parts of parochial schools of the first grade level and above so long as such classes, grades or parts of such schools of the first grade level and above are conducted in accordance with an educational curriculum substantially similar to that of the Public School System. b. Those Sunday School, Church School or other similar religious act- ivities which meet only during the regular periods of worship service of the particular church conducting such activities or nurseries which are maintained by a church for small children of people attending such church only during the regular periods of wor- ship service of such church. c. Those dancing classes, music classes, athletic activities, arts and handicraft classes, vocational classes, summer recreational programs and other simi- lar groups and classes which meet for short periods of time and on a temporary, irreg- ular, or intermittent basis. Section 3. Permit Required. It shall be unlawful to operate a Kindergarten or a Child -Care or Development Facility, as defined above, within the corporate limits of the City of College Station unless a per- mit therefor is first obtained from the City. No Child -Care or Development Facility, which is also required to be licensed by the Department of Public Welfare of the State of Texas, shall receive a permit unless it has been so licensed by the Department of Public Welfare. Section 4. Procedure to Obtain Permits, Inspections, Fees, Transferability. Application for the permit required by this ordinance shall be made on the forms fur- nished by the City Manager of the City of College Station. Upon completion of such ap- plication and the furnishing of all information, required thereby, the premises where the Kindergarten or the Child -Care or Development Facility is to be conducted shall be inspected jointly by a representative of the City and the Brazos County Health Unit to determine if such premises are safe, sanitary, free from fire and health hazards and comply with zoning, building and other applicable ordinances of the City and laws and regulations of the State, Additional inspections may be made at reasonable times to insure continuous compliance herewith. If applicable, necessary information shall be furnished?to the State Department of Pub- lic Welfare by appropropriate City officials, after inspection. After determination that such premises are in compliance with the above required standards and other provi- sions hereof, are properly equipped and staffed to meet the provisions hereof and have been approved by the Fire Marshall and Building Inspector, a permit to operate a Kin- dergarten or a Child -Care or Development Facility shall be issued by the City. 01341 Ordinance No. 527 Page 3 Based upon the above standards and inspection, such permit shall specify the maximum number of children that may be accomodated by such Kindergarten or Child -Care or De- velopment Facility and it shall by unlawful for the number of children within the Kinder- garten or Child -Care or Development Facility at any one time to exceed such number. Maximum authorized capacity of a Kindergarten or a Child -Care or Development Facil- ity may be increased upon application, inspection, approval by the City and payment of appropriate fees. Permits shall be issued on a calendar year basis, to expire on June 30 of each year, and shall be renewable only upon compliance with the provisions of this ordinance and any other applicable laws, ordinances and regulations and payment of the fees required hereby. At the time of issuance of any permit hereunder, the applicant shall pay a fee in the amount of Five Dollars ($5. 00) plus an additional amount of fifty cents (S0. 50) for the total number of children by the permit. But, in no event shall the amount of such fee exceed Fifteen Dollars ($15. 00). A separate permit shall be required for each location where a Kindergarten or a Child - Care or Development Facility may be operated reguardless of common ownership or management of Kindergartens or Child -Care and Development Facilities at different locations. No permit required hereby shall be transferable, either to a different party or to a different location. Section 5. Operational Standards. All Kindergartens and Child -Care and Development Facilities shall comply with the fol- lowing standards. Additionally, such Kindergartens or Child -Care and Development Fa- cilities shall comply with all applicable city ordinances, state laws and regulations pro- mulgated by state agencies which such Kindergartens or Child -Care and Development Facilities may be subject to. In the event a higher standard than those set forth herein is required by any such law or regulation, the higher standard shall control. Failure to comply with the standards required hereby shall be unlawful and each day of operation without such compliance shall be a separate offense. A. Sanitation. 1. All Kindergartens and Child -Care and Development Facilities shall comply with the provisions of all ordinances of the City of College Station, as presently or here- after enacted or amended, pertaining to (a) general sanitation of floors, walls, ceilings, doors and windows; lighting, ventilation and heating; pest and rodent control; and outside grounds; (b) maintenance of toilet and lavatory facilities; (c) construction, cleaning, san- itizing and storage of equipment and utensils; (d) disposal of garbage, trash, diaper waste and other waste matter and maintenance of proper sewage facilities and (e) such other provisions of such ordinances which may be applicable. 01342 Ordinance No. 527 Page 4 2. There shall be provided within the structure housing the Kindergarten or Child -Care or Development Facility, in a location which is readily accessible to the children within the Kindergarten or Child -Care or Development Facility, sufficient flush -type toilets and lavatories to meet the requirements of the Building Code of the City of College Station applicable to sanitation facilities for buildings used for school or day care purposes. For infants, adequate laundry facilities and waterproof self-closing containers shall be provided for soiled diapers and linens. B. Safety. 1. Where swimming pools or wading pools are provided, they shall meet the standards of all ordinances of the City of College Station, as presently or hereafter enacted or amended, regulating swimming pools and wading pools, and at least one adult shall be present at all times when the wading or swimming pools are accessible to children. 2. When not in use under adult supervision, all detergents, insecticides, and poisons shall be stored out of reach of children. 3. Fire protection shall be provided and a sufficient number of fire extin- guishers shall be available as designated by the Fire Marshall. An adequate plan in duplicate for emergency evacuation in case of fire, strom or other emergency shall be submitted to the Fire Marshall for approval and drills following this plan shall be conducted at intervals as directed by the Fire Marshall. 4. All Buildings and grounds of a Kindergarten or a Child -Care and Devel- opment Facility shall be free from hazards, dangerous stairways, and unprotected stoves or fireplaces. C. Health. 1. No child shall be accepted for regular attendance by a Kindergarten or a Child -Care or Development Facility unless he has a written statement from a physician licensed by the Texas State Board of Medical Examiners pronouncing him free of com- municable diseases and noting any significant physical or mental defects. This examin- ation shall take place within ninety days prior to the first day of attendance at the Kinder- garten or Child -Care and Development Facility and annually thereafter. 2. The Kindergarten or Child -Care and Development Facility shall keep a record on each child enrolled therein and that record shall be kept in the Kindergarten or Child -Care and Development Facility in which the child is enrolled and shall be im- mediately available to the Health Officer. Such record shall include the child's health history, the name and telephone of the child's physician, and signed authorization of the parents or guardian of such child to contact the child's physician or any other licensed physician if the child's physician is not available provided that the parents or guardian cannot be first contacted. 01343 Ordinance No. 527 Page 5 3. No prescription medications shall be given children except on the written direction of the physician or parent or guardian of the child and all medications provided shall be in the original prescription container with the child's name, physician's name, and his medical orders on the container. In an emergency, verbal orders may be accepted from the physician provided such verbal orders are followed by written confirmation with- in seventy-two hours. 4. All medications, including any medications to be personally used by the staff personnel, shall be stored in a locked cabinet used exclusively for medicines and the key shall be carried by a responsible adult on duty. 5. The Health Officer shall furnish a list of communicable diseases and a statement of the Communicable Disease Regulations of the City of College Station and these shall be posted at the Kindergarten or Child -Care or Development Facility. No Kindergarten or Child -Care or Development Facility shall accept any child who is ill or who has visible evidence of communicable disease. Any child who becomes ill with a suspected communicable disease while at a Kindergarten or a Child -Care or Develop- ment Facility shall be isolated from the other children in a separate room and returned to his parents or guardian as soon as possible. Each Kindergarten or Child -Care or De- velopment Facility shall maintain adequate isolation facilities, including a separate room, for the care and isolation of ill children. After recovery from communicable disease, no child shall be permitted to return to the Kindergarten or Child -Care or Development Facility until he receives a statement from a licensed physician that such cold is free from communicable disease or has otherwise complied with the communicable disease regulations of the City of College Station. 6. All persons working at a Kindergarten or a Child -Care or Development Facility who have acquired, or are suspected of having, a communicable disease shall not be permitted to work in the facility unless the Health Officer determines that the nature of the disease will not constitute a danger or health hazard to the children at such Kindergarten or Child -Care or Development Facility. 7. All persons working at a Kindergarten or Child- Care or Development Facility shall have a medical examination by a licensed physician prior to employment, annually thereafter, and at any other time needed. As shown by a signed statement of the physician, all such persons shall have good vision and hearing, shall be in good health and physically and mentally capable of caring for children, have no communi- cable disease, have had chest x-ray and blood test for syphilis, both annually, and a smallpox vaccination within the last five years. If the blood test or x-ray show devia- tion from the normal, the Health Officer of the City of College Station must determine that the presence of such individual will not constitute a danger or health hazard to the children at such Kindergarten or Child -Care or Development Facility before such in- dividual will be permitted to work. 8. At least one first-aid kit properly equipped with supplies designated by the City Health Officer and an American Red Cross First Aid Textbook Supplement (latest edition) shall be kept in the Kindergarten or Child -Care or Development Facility and be readily available for use, and there shall be at least one person on duly at all times who has evidence of completion of the American Red Cross Course inota441 or equiva- lent thereof. Ordinance No. 527 Page 6 9. If children under five years of age are cared for in the Kindergarten or Child -Care or Development Facility for periods of six hours or more in any one day, adequate cribs, cots or beds shall be provided for napping purposes which shall have legs of at least six inches in height, Kindergartens and Child -Care or Development Facilities using pads, mats or other means of floor covering for napping purposes at the effective date of this ordinance shall have a period of six (6) months from the date of passage of this ordinance to provide cribs, cots or beds as required above. Where provisions are made for the keeping of children for more than twelve hours or over- night, adequate, clean cribs or beds must be provided and all mattresses therefore must be covered with a water -proof cover. The room or rooms used for sleeping or napping purposes shall be properly ventilated and a proper temperature shall be main- tained therein. The number of children using a sleeping or napping space at any one time shall not exceed one (1) child per twenty-five (25) square feet thereof, provided the cribs, cots or beds used therein can be placed so that they are at least two (2) feet apart on all sides. 10. No child shall be enrolled in a Kindergarten or a Child -Care or Devel- opment Facility unless each child shall have received immunizations for diphtheria, whooping cough, tetanus, smallpox and polio, which such immunizations shall be veri- fied by satisfactory evidence thereof. However, in cases of emergencies or other valid reasons, a child without such immunizations may be enrolled in a Kindergarten or a Child -Care or Development Facility if such immunizations are commenced within one week after enrollment or if a licensed physician certifies, in writing, that such child should not receive such immunizations, or a portion thereof, at that time due to valid medical reasons. D. Diet and Formula Preparation. 1. If meals are prepared at the Kindergarten or Child -Care or Development Facility, they shall be adequate to meet the nutritional necessities of the children re- ceiving such meals. A written menu for each meal served shall be prepared a week in advance, and a record of ,food actually served shall be kept for review by the Health Officer. 2. If formulas are prepared at the Child -Care or Development Facility, this shall be done at a time when there are no other kitchen activities. If formulas for ten (10) infants or more are prepared there shall be a special formula room. a. Directions, in writing, from the parent or guardian of the child shall be obtained showing the amount of each ingredient of the formula to be prepared at the facility. The formula shall be prepared at the facility in accordance with such directions. b. The terminal heating method of formula preparation shall be used. Bottles shall be individually labeled for each child. c. Equipment and ingredients (other than fresh milk) shall be stored in separate, closed cabinets. Fresh milk and formulas shall be refrigerated at all times at a temperature of 45° F. or less. A thermometer shall be kept in the refrigerator. 01345 Ordinance No. 527 Page 7 (d) All bottles, nipples, and -bottle covers shall be rinsed, washed with a detergent, rinsed again, and well drained, and remain inverted in a bottle rack until family pick-up or formula preparation time. E. Personnel Requirements. All employees of a Kindergarten or a Child -Care or Development Facility shall be of good moral character and qualified to provide proper physical care, supervision and opportunity for proper development of the children cared for. All employees must be at least sixteen (16) years of age and free from any mental or physical incapacity, and are not on furlough from a mental hospital or under the supervision of an institution or agency for the mentally retarded. Kindergartens or Child -Care or Development Facilities enrolling primarily physically or mentally handicapped children shall have at least one full-time adult staff .member especially qualified by education and/or experience to care for such handicapped child- ren. F. Qualification for Directors. Each Kindergarten or Child -Care or Development Facility shall designate one person to be the Director of the Kindergarten or Facility who shall be in charge of the care of the children therein. Such Director shall furnish the City with references from four reputable persons not related to the applicant attesting to the Director's good moral character, financial responsibility, and qualifications for care of children. The Director must have completed at least eight grades of school, shall be at least twenty-one years of age and not more than sixty-five years of age. Provided, however, that any Director of an existing Kindergarten or Child -Care or Development Facility may be exempted from such educational qualifications and maximum age limitations if application for a permit is submitted to the City within thirty (30) days after the of - fective date of this ordinance. Provided, further, the City may approve exemptions to the maximum age limitation herein for persons above 65 years of age if it is deter- mined by physical examination that such person is both mentally and physically able to serve as the Director of a Kindergarten or a Child -Care or Development Facility and such person has the assistance of a responsible person at least 21 years of age and not more than 65 years of age at all times in the operation of the Kindergarten or Facility. In case of absence of the Director, a responsible person at least 21 years of age shall be placed in charge of the care of children at the Kindergarter or Child -Care or Devel- opment Facility. G. Personnel Records. Kindergartens and Child -Care or Development Facilities shall maintain an individual recore on each employee to include: (a.) Name, Address, and Phone Number (b.) Age 01346 Ordinance No. 527 Page 8 (c) Education (d) Experience (e) References from former employers (f) Physician's report of pre-employment, annual and other health examinations H. Location and Construction Requirements. 1. No permit for a Kindergarten or Child -Care or Development Facility shall be established in a residential area in which a property owner or owners with- in 500 feet of the lot -lines of the property on which the Kindergarten or Child -Care or Development Facility is to be located objects to such establishment in writing to the City Council of College Station until after a public hearing by the City Council at a regular meeting. 2. Facilities shall be provided for loading and unloading of passengers from automobiles off of the public street and out of the public's way. 3. No provision hereof shall be construed to alter, waive or otherwise change deed restrictions. Section 6. Penalty for Violation. Violation of any of the provisions of this ordinance shall be deemed a misdemeanor and shall be punishable by fine of from 85.00 to S25.00, and each day of such viola- tion shall constitute a separate offense. Section 7. Revocation or Suspension. The City Manager shall revoke or suspend any permit issued under this ordinance, after ten days notice by registered or certified mail and hearing before the City Manager upon any of the following grounds: (a) Violation of any of the provisions of this Ordinance; (b) Permitting, aiding, or abetting the commission of an illegal act in such institution; (c) Conduct, practices or conditions detrimental or potentially detri- mental to the welfare of children in the Kindergarten or Child -Care or Development Facility; (d) Failure or refusal to comply with or to maintain requirements and standards set forth in this ordinance. 01347 Ordinance No. 527 Page 9 Upon revocation or suspension of any permit issued under this ordinance after notice and hearing as set forth above, any Kindergarten or Child -Care or Development Facil- ity whose permit has been revoked or suspended may appeal the decision of the City Manager to the City Council of the City of College Station by filing written notice of appeal with the City Manager of the City of College Station within ten days after the decision of the City Manager. Upon the filing of such appeal the City Council shall set the earliest practicable date for hearing of evidence concerning the basis for such revocation or suspension. After the hearing of such evidence, the City Council shall determine whether such permit should be revoked or suspend, for what period. If it is found by the City Council that such permit should be revoked or suspended such revocation or suspension shall be effective immediately without further notice or action. Section 8. This ordinance shall become effective 90 days after its passage. PASSED AND APPROVED this 26th day of June, 1967. ATTEST: .e.e Xir Assistant City Secretary APPROVED: MAYOR 01346