§ 15-222. Permit requirements for child care facilities.

(a)

General requirements. Every person, association, institution, or corporation whether profit or nonprofit, who shall conduct or manage a child care facility shall obtain a permit from the department prior to operation of the facility. If required, appropriate permits or licenses shall be obtained from the State of Texas or any other agency.

Rules and regulations of appropriate state agencies not stated in this article shall be deferred to the appropriate state agency for enforcement. The operator of a child care facility is responsible for complying with all zoning, building, fire, and health ordinances of the City of San Antonio, to be regulated by said departments.

For the purposes of this article, three (3) categories of permits shall exist:

(1)

Child care facilities not involved in on-site preparation of food service.

(2)

Child care facilities involved in on-site preparation of food service.

a.

Primary food production.

b.

Satellite.

c.

Food production for teaching experience.

(3)

Group day-care home facilities.

(b)

Application. Every person desiring a permit to establish, maintain, or operate a child care facility within the city shall make written application on forms provided by the department. An application for a permit is to be made not less than thirty (30) days before the date planned for opening a new establishment or the expiration date of the current permit for an existing facility. The applicant for a permit must be the legal owner of/or designated representative for the child care facility.

(c)

Ordinance orientation. Before any permit is issued under this article, the owner or his designated representative of any facility shall be required to attend an orientation meeting on the requirements of this article. The director of health shall ensure that such meetings are provided to the public monthly or as needed. It shall be the duty of the permit holder to ensure that at least one staff member who has attended an orientation meeting shall be present at all times during the hours of operation.

(d)

Conditions for permit issuance. Upon the filing of an application by an applicant for a permit to operate a child care facility, and following attendance at an ordinance orientation, the director of health or his representative shall make or cause to be made such investigation as he may deem necessary to determine the ability of the applicant to meet the requirements of this article for said permit.

The director of health or his representative shall have the authority to grant a permit to operate a child care facility or to disapprove the application for such permit. The director of health or his representative shall collect any or all fees from the applicant in the proper amount as herein specified. The director of health shall then issue a City of San Antonio, Department of Health Child Care Facility Permit.

In the event the director of health shall refuse to grant a permit to any applicant, the provisions of section 15-227 shall govern any appeal of such denial. The reason(s) for such action shall be provided to the applicant in writing and details provided to correct the problem(s), if possible, which caused denial of the permit request.

(e)

Terms and conditions of a permit. The permit holder, upon acceptance of the permit issued by the department, shall:

(1)

Maintain a copy of this article at the facility and comply with the provisions and directives of the department.

(2)

Allow representatives of the department access to the facility within the hours of operation, in order to determine whether the facility is in compliance with this article.

(3)

Accept notices issued and served by the department in accordance with provisions herein contained.

(4)

Be subject to the administrative, civil, injunctive, and criminal remedies authorized by this article for failure to comply with the provisions contained herein, or an order, warning, or directive of the department.

(5)

Post the permit in a conspicuous place within the premises where such child care facility is authorized to be established, maintained, or operated.

(6)

Immediately contact the department in the event of a fire, flood, extended interruption of water or electrical service, or other emergency in the facility which may immediately affect the health and safety of the children in care.

(7)

It shall be the duty of the permit holder to abide by all the provisions of this article. It shall further be the duty of the permit holder to ensure that employees, agents, owners and/or operators of the child care facility abide by the provisions of this article.

The department is to provide a written copy of the terms and conditions applicable to a permit; except that failure by the provider to obtain required information will not prevent the department from taking any authorized action or seeking any remedy upon the failure of the permit holder to comply with this article or any other order, warning or directive of the department.

The department is to make available to the permit holder a copy of this article for his reference and compliance requirements.

(f)

Variances. This article is to be liberally construed and applied to promote its underlying purpose of protecting public health.

(1)

The department, when no health hazards result, may waive and/or modify the requirements of this article as a condition of child care facility's permit to operate.

(2)

The information that is to be retained in the department's file on the child care facility when the requirements of this article are modified and/or waived includes:

a.

A citation, by article section number, of the rationale for considering a modification and/or waiver of the article requirement;

b.

Ah analysis of the potential public health hazards and issues associated with the proposed action;

c.

Additional scientific data and information, as required by the department, proving that food safety or public health will not be comprised by the proposed action; and

d.

A statement of proposed standard procedures for the operation or process under consideration, clearly specifying critical control points and monitoring procedures which will be routinely checked by the person in charge and which may be easily confirmed by the department.

(3)

Procedures to implement additional requirements and waivers are to become conditions of compliance with this Code, and variations from the approved procedure are to be considered the same as other violations of the provisions of this article.

(4)

The department may accept any identified existing facilities and/or equipment which were in use before the effective date of this article, but do not fully meet all of the current requirements for design and fabrication; provided that:

a.

The facilities and equipment are in good repair and capable of being maintained in sanitary condition; and

b.

Any food-contact surfaces comply with the provision of the Rules on Food Service Sanitation adopted herein; and

c.

Facilities and equipment are replaced as provided for in the Rules on Food Service Sanitation adopted herein.

(g)

Permit fee.

(1)

The permit fee for child care facilities not involved in on-site preparation of food service shall be sixty dollars ($60.00) (pro-rated at five dollars ($5.00) per month until May 31 following date permit issuance) upon issuance and annually thereafter.

(2)

The permit fee for child care facilities involved in on-site preparation of food service shall be:

a.

Primary food production (pro-rated at seventeen dollars and fifty cents ($17.50) per month) ..... $210.00

b.

Satellite or non-meal production (pro-rated at eight dollars and thirty-three cents ($8.33) per month) ..... 100.00

c.

Food production for learning experience upon issuance and annually thereafter (pro-rated at three dollars ($3.00) per month) ..... 36.00

(3)

The permit fee for group day home facilities shall be one hundred five ($105.00) (pro-rated at eight dollars and seventy-five cents ($8.75) per month) upon issuance and annually thereafter.

(4)

All new facilities shall pay permit fees as shown in this section with the following provisions: The amount in each case shall be provided according to the month in which such establishment began operations. Those establishments commencing operation on July 1st shall pay a pro-rated portion of the stated charge.

(5)

Permit fees charged to agencies providing after school care of school age children at multiple sites not involved in on-site preparation of food shall be twenty dollars ($20.00) per site annually. Those establishments commencing operation on July 1st shall pay a pro-rated portion of the stated charge.

(h)

Renewal of permit. The permit shall expire on the thirty-first day of May following the date of its issuance and shall be renewed annually by making application in the same manner as a new establishment.

(i)

Transfer of permits. Permits, as required by this article, shall not be transferrable from either one child care facility to another child care facility at a different location or from one person to another person who may subsequently own a certain facility, except that a permit holder who operates a facility may, upon his closing of that facility for the purpose of continuing the business at another facility, apply to the director of health for a transfer of his permit to the new location. Such application shall be accompanied by the inspection fee of five dollars ($5.00). The director of health shall authorize such transfers if, upon inspection, it is determined that the new facility complies with the provisions of this Code. The director of health may effect such transfer by cancellation of the permit and issuance of a new permit for the new facility.

Within ten (10) days of the sale of an on-going child care facility, the existing permit will remain in effect. Application for a new permit must be completed within that ten-day period and the permittees must attend an ordinance orientation prior to the issuance of the new permit. Existing permits after the ten-day period will be null and void.

(j)

Suspension and revocation of permits. Violations, deficiencies, or conditions which, individually or in combination, jeopardize the health and safety of children in care may result in the department moving to suspend or revoke any permits issued to the child care facility. The department will consider an immediate threat to the health and safety of a child to be in existence when the facility administration or the person responsible refuses or fails to act at once, or cannot act at once, to correct a violation of this article where the violation would create a life-threatening emergency or subject a child to injury.

(1)

Suspension. The department may suspend a permit to operate all or part of a facility's operation when it determines through inspection, examination of food, records, employees or other means, that the principles of food safety, food-borne illness prevention, communicable disease prevention, and environmental health cannot be assured in the continued operation of the child care facility. The permit may be summarily suspended without prior warning, notice of a hearing, or hearing, upon providing written notice of the summary suspension to the permit holder or person in charge when conditions exist which directly endanger the lives of children or their health or safety.

(2)

Revocation. The department may revoke a permit to operate a facility when it determines that the facility is unable to correct or eliminate continuing conditions which are life threatening or endanger the health of the children. The revocation of the permit will be done in consultation with the Licensing Division of the Texas Department of Human Services. Any denial or revocation of a permit by the city shall be reported to the Texas Department of Human Services. The city shall also report any violation notices or illegal operation to said department.

If a facility is closed for a period of six (6) months or more following revocation of a permit, a new certificate of occupancy must be issued by the building inspections department prior to the health department consideration of a new permit.

(3)

Whenever a permit to operate a facility is suspended or revoked, the owner or operator of said facility may request a hearing with the director of health provided that the request is in writing and it is filed with the director within ten (10) working days of suspension or revocation becomes final.

If a request for a hearing is filed within the ten-day period, the director of health shall hold the hearing and render a decision in writing to the owner or operator of the facility within ten (10) working days of receipt of the request.

A suspended permit may be reinstated provided a written application for reinstatement is submitted to the director of health and provided that the violated provisions of this article have been corrected. The director of health or his representative shall make a reinspection and thereafter as many reinspections as may be necessary to assure that the applicant has complied with the requirements of this article. If the director finds that compliance has been accomplished, the permit shall be reinstated.

Whenever a revocation of a permit to operate a facility has become final, the holder of such revoked permit may make written application for a new permit to operate provided the director of health is satisfied that the provisions of this article have been met.

The new permit shall be processed and the fee paid as provided in this article for new permits. Any facility which has had its permit revoked two (2) times in a twelve-month period will be ineligible to apply for a new permit for six (6) calendar months after the second or subsequent revocation.

(4)

If the director of health suspends or revokes a permit or disqualifies a person from receiving a permit, he shall forward to the person, in writing, by registered or certified mail, the reasons for denial, suspension, revocation, or disqualification, and inform the person that such action is appeal. able to city council and notice that upon exhausting administrative appeals, an action may be filed in a District Court of Bexar County within thirty (30) days after the city's decision is final and appealable.

The applicant or his representative shall file a written "Notice of Appeal" with the city clerk appealing such determination to the city council. The "Notice of Appeal" shall be filed within ten (10) days after receipt of notification from the director of health.

(Ord. No. 69216, § 1(3), 4-6-89; Ord. No. 86606, § 26, 9-11-97; Ord. No. 101405, §§ 13, 14, 9-15-05; Ord. No. 2007-09-13-0973G, § 11, 9-13-07)