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Fort Worth City Code ch. 16, art. XVII

Fort Worth City Code ch. 16, art. XVII
in effect

Fort Worth City Code § 16-420 PURPOSE.

§ 16-420 PURPOSE. The purpose of this article is to supplement state statutes and regulations governing child-care centers by providing standards for operation of child-care centers in the City of Fort Worth to protect the health, safety and welfare of the occupants and patrons of child-care centers. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, § 2, passed 3-11-2025)

Fort Worth City Code § 16-421 DEFINITIONS.

§ 16-421 DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. CHILD. A person under 18 years of age. CHILD-CARE CENTER. A facility that provides care for more than 12 children under 14 years of age, who are not the natural or adopted children of the owner or operator of the child-care center, for less than 24 hours a day. CHILD-CARE ESTABLISHMENT PERMIT. A certificate issued by the City of Fort Worth Department of Environmental Services upon application and inspection of a child-care center at the time the facility complies with applicable city ordinances. CITY. The City of Fort Worth. CITY CODE. The code of the City of Fort Worth, as amended from time to time. CITY MANAGER. The city manager of the City of Fort Worth, Texas or his or her duly authorized representative, such as an assistant city manager. DEPARTMENT. The City of Fort Worth environmental services department. DIRECTOR. The director of the City of Fort Worth Public health department or his or her designee. EASILY CLEANABLE. Surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal methods. FOOD SERVICE. The preparation or serving of meals or snacks. HANDWASHING LAVATORY. A basin with hot and cold running water for the washing of hands. INFANT. A child younger than 18 months old. OWNER. A person having any legal or equitable interest in the business or operation of a child-care center. A person is deemed to be an OWNER for purposes of this chapter if that person operates, conducts, manages, maintains or controls, either directly or indirectly, a child-care center. PERSON. An individual or any other legal entity. PREMISES. A tract of land with the buildings thereon, or a building or part of a building with its grounds or other appurtenances. PRESCHOOLERS. Children between two and five years of age. REFUSE. All wastes resulting from domestic, commercial or industrial operations incident to urban life, except sewage, but including garbage, brush and trash. REGULATORY AUTHORITY. The City of Fort Worth public health department. RESTROOM. A self-contained enclosure with a door on it, containing at least one lavatory and one commode. SEWAGE. The liquid waste, which may or may not contain solids, from the plumbing facilities or sanitary conveniences of a building, dwelling unit, business building or unit, factory or institution. SINGLE-PURPOSE SINK. A sink that is used for only one purpose, said purpose being specifically designated by the facility and approved by the Department. Types of SINGLE-PURPOSE SINKS include, but are not limited to: handwashing lavatories at diaper changing stations, handwashing lavatories in restrooms, wastewater disposal sinks and sinks required for food service preparation in accordance with the rules on food service sanitation. TODDLER. Any child between 18 and 23 months of age. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, §§ 2, 4, 5, passed 3-11-2025)

Fort Worth City Code § 16-422 CHILD-CARE ESTABLISHMENT PERMIT; INSPECTION AND COMPLIANCE.

§ 16-422 CHILD-CARE ESTABLISHMENT PERMIT; INSPECTION AND COMPLIANCE. (a) A child-care center shall be inspected by the director or his or her representative prior to issuance of a child-care establishment permit. (b) No person shall operate or cause to be operated a child-care center in the City of Fort Worth without first obtaining a health department child-care establishment permit issued by the director. (c) The director is hereby authorized to issue a health department child-care establishment permit in the City of Fort Worth when he or she finds that the owner or operator of the child-care center has complied with the requirements of this article and all other applicable sections of the city code. If the child-care center is in compliance, the owner or operator of the child-care center as provided above shall be issued a child- care establishment permit. (d) If at the time of inspection, a child- care center is found to not be in compliance with this code, a child-care establishment permit will be denied and will not be issued. After notification of the violations or deficiencies which were detected, the owner shall be required to remedy the conditions of violation or deficiencies within a reasonable period of time as prescribed by the director, but not to exceed 30 days. (e) If a child-care establishment permit is denied by the director, the applicant may appeal the director’s determination by following the procedure specified in § 16-439(4)(c). (f) The director shall keep on file in the department reports of inspections made of the child-care center as well as appropriate notices or directives to the owner or operator of any violations or deficiencies observed in the inspection. (g) The owner or operator of the child- care center shall operate the facility or cause it to be operated at all times in compliance with the provisions of this article and other applicable sections of the city code. The owner or operator of the child-care center shall correct or cause to be corrected within the time period specified any violation or deficiency that is identified by the department director. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, §§ 2, 3, passed 3-11-2025)

Fort Worth City Code § 16-423 CHILD-CARE ESTABLISHMENT PERMIT APPLICATION.

§ 16-423 CHILD-CARE ESTABLISHMENT PERMIT APPLICATION. (a) Application for a child-care establishment permit which indicates compliance with the child-care center standards specified in this ordinance shall be submitted to the department by the owner of a child-care center on a form specified by the department. (b) The application for a child-care establishment permit shall state the name(s), address(es), telephone number(s), driver’s license number(s) of all persons having an ownership interest in the child-care center, as well as any other information requested by the department. (c) The application for a child-care establishment permit of a child-care center shall state the date that the current valid certificate of occupancy was obtained from the City of Fort Worth building inspection division or, if not yet obtained, the date that application for a certificate of occupancy was made. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, §§ 2, 3, passed 3-11-2025)

Fort Worth City Code § 16-424 CHILD-CARE ESTABLISHMENT PERMIT DURATION AND RENEWAL.

§ 16-424 CHILD-CARE ESTABLISHMENT PERMIT DURATION AND RENEWAL. (a) A child-care establishment permit for a child-care center shall be valid for one year from the date of issuance, unless the child-care establishment permit is suspended or revoked for cause as provided in this article. The possession of a child-care establishment permit shall not exempt the child-care center from re-inspection or citation for violations occurring during the period of time between inspections. A child-care establishment permit shall not be transferable, and any change in use, occupancy, ownership or operation shall require a new child-care establishment permit. (b) Application for renewal of a child- care establishment permit shall be made on a form specified by the department. The owner shall submit an application for renewal to the department no later than four weeks prior to the impending expiration date of the current child-care establishment permit. The renewal procedure shall require that the owner of the child-care center to confirm the accuracy of the records of the environmental services department. Any incorrect information or changes to the information in the records of the department for the child-care center shall be corrected or made by the owner before the child-care establishment permit will be renewed. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, § 6, passed 3-11-2025)

Fort Worth City Code § 16-425 CONDITIONS OF A CHILD-CARE ESTABLISHMENT PERMIT.

§ 16-425 CONDITIONS OF A CHILD-CARE ESTABLISHMENT PERMIT. (a) The issuance or granting of a child- care establishment permit shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No child-care establishment permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorizes is lawful. (b) Acceptance of a child-care establishment permit is an express acknowledgment and consent to comply with the terms and conditions set by this ordinance and the regulatory authority. The grant and usage of such child-care establishment permit is a privilege, not a right, subject to reasonable restrictions as set out herein or as may be promulgated by the regulatory authority. (c) As an express condition of the acceptance of a certificate hereunder, the owner agrees to comply with any and all reasonable requests, orders or demands of the regulatory authority. (Ord. 11209, § 3, passed ; Ord. 27524-03-2025, § 6, passed 3-11-2025)

Fort Worth City Code § 16-426 INSPECTION FEE.

§ 16-426 INSPECTION FEE. The owner of a child-care center shall pay a non-refundable fee to the department in an amount established by city council for a new or renewal health department child-care establishment permit at the time application is made. All child- care centers shall comply with all other applicable city code requirements, including inspection and fee requirements. This section shall not prohibit inspections of a child-care center from occurring more often than once per year. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, §§ 2, 3, passed 3-11-2025)

Fort Worth City Code § 16-427 DISPLAY OF CHILD-CARE ESTABLISHMENT PERMIT.

§ 16-427 DISPLAY OF CHILD-CARE ESTABLISHMENT PERMIT. The current child-care establishment permit for the child-care center designated therein shall at all times be conspicuously posted in public view on an inside wall of the main facility and shall be subject to inspection by representatives of the health department or other authorized persons. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, §§ 2, 3, passed 3-11-2025)

Fort Worth City Code § 16-428 MINIMUM REQUIREMENTS.

§ 16-428 MINIMUM REQUIREMENTS. (a) State standards adopted and applied. (1) The standards of the Tex. Administrative Code, Title 26, Part 1, Chapter 746 “Minimum Standards for Child-Care Centers”, in their current form and as they hereafter be amended are adopted into this article as if they were set forth at length herein. (2) Each child-care center for which an application for a child-care establishment permit is submitted shall be required to meet the minimum standards for child-care centers, as well as the standards set forth in this article in the following areas: a. General facility design; b. Interior design for activity areas; c. Outdoor play areas and playground equipment; d. Sanitation and hygiene for personnel; e. Food service requirements; and f. Animal care. (3) In the event of conflict between the criteria set forth in this article and the standards of the Tex. Administrative Code, Title 26, part 1, Chapter 746 “Minimum Standards for Child-Care Centers,” the more restrictive requirement shall be control. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, § 7, passed 3-11-2025)

Fort Worth City Code § 16-429 GENERAL FACILITY DESIGN STANDARDS.

§ 16-429 GENERAL FACILITY DESIGN STANDARDS. (a) General requirements. (1) All stairs, porches, platforms and step elevations greater than 24 inches shall provide handrails or guardrails for usage by children in accordance with the city building code. (2) All glazing (including windows and doors) shall be installed and maintained in accordance with the city building code. (3) The lead level of the water from each water tap and water cooler in the facility, which water is accessible to or consumed by children, must be at or below the maximum levels allowed by the Texas Safe Drinking Water Act. The department shall cause water from such water taps and water coolers to be collected and sampled: a. Prior to issuance of an original child-care establishment permit by the department; b. Upon repair or replacement of water supply lines or fixtures or the extension of such lines in the facility; or c. As needed in the determination of the regulatory authority. (b) Room finishes. (1) All surfaces of kitchen and restroom doors shall be smooth and easily cleanable. All splash areas in kitchens and bathrooms and the walls immediately adjacent thereto, shall have smooth and easily cleanable surfaces. EASILY CLEANABLE shall mean that surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal methods. (2) All floors shall be smooth, easily cleanable and free of the following: cracks, bare concrete, splinters, sliding rugs, telephone jacks and electrical outlets. (3) Carpets shall be closely woven, of short nap and kept clean and in good repair. All carpets and carpeted areas shall be vacuumed daily and shampooed as needed. Carpet use prohibited in restrooms and kitchens. (c) Sanitation control measures for fixtures and facilities. (1) All toilet fixtures and facilities shall be installed and maintained in accordance with the city plumbing code. (2) There shall be separately designated restrooms for all gender unless: a. The restroom only has a single toilet located within; or b. A restroom with multiple toilets is supervised to ensure only one gender occupies the restroom at a time. (3) All handwashing lavatories shall be provided with hot and cold water under pressure, tempered by means of a mixing valve or combination faucet. The facility must ensure that the temperature of hot water available to children is no higher than 120°F. Self-closing or metering faucets shall provide a flow of water for at least 15 seconds without having to be reactivated. Soap and a hand-drying device or disposable towels shall be provided for use by both staff and children. (4) Restroom facilities shall be cleaned and sanitized at least once daily and more often if necessary. Carpet use is prohibited in restrooms. Restrooms shall be mechanically ventilated to control odors. Installation and maintenance of mechanical vents shall be in accordance with the city mechanical code. (5) All toilets shall be equipped with open front toilet seats in accordance with the city plumbing code. (6) Each sink shall be designated as a “single-purpose use” sink. Combination fixtures, such as faucet/water fountains, are prohibited. Each child-care center shall have the following sinks. a. There shall be at least one handwashing lavatory in each restroom or immediately adjacent to each restroom. b. If the facility has a diaper changing station, there must be a handwashing lavatory in every room where there is at least one diaper changing station. c. If the facility engages in food preparation, there must be a three-compartment sink in the food preparation area. (7) The source of potable water shall be from a public water supply or a private water system which has been approved by the department or the Texas commission on environmental quality, maintained and operated according to Texas commission on environmental quality drinking water standards. Water under pressure shall be provided in adequate supply to meet the provisions of the Texas department of health drinking water standards. A copy of the Texas commission on environmental quality water standards is on file with the city secretary. (8) All sewage shall be discharged into a public sanitary sewer system or into a private sewage disposal system approved by the Texas commission on environmental quality. (9) All refuse shall be kept in containers constructed and maintained of durable material with tight fitting lids or covers, and shall be nonabsorbent and free from leaks. All containers shall be kept covered when not in use. A sufficient number of containers shall be available to hold all refuse. Refuse shall be stored in clean areas, away from the children and shall be inaccessible by flies, insects, rodents and other pests. (10) All outer openings of a facility shall be protected against the entrance of flies, insects, rodents and other pests by outward opening and self-closing doors, closed windows, screens or other effective means of protection and control as approved by the regulatory authority. (11) Toxic substances, both indoors and out, shall be inaccessible to children at all times. All containers holding toxic substances shall be clearly labeled to identify the toxic substance contents. (12) All toxic substances shall be dispensed and used in such a manner so as to prevent the toxic substance from constituting a hazard to the children or staff. (13) In the event that laundering is done on the premises, all clothes dryers shall be vented to the exterior of the building in accordance with the city mechanical code. (14) In all child-care centers, all light fixtures shall either be properly shielded or shall contain only shatterproof light bulbs. At least 50 foot candles of light shall be provided in all areas of any room to which children have access. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, § 8, passed 3-11-2025)

Fort Worth City Code § 16-430 INTERIOR DESIGN, ACTIVITY AREAS.

§ 16-430 INTERIOR DESIGN, ACTIVITY AREAS. (a) General requirements. (1) Each child shall be provided with individual storage space for personal belongings. (2) Sleeping space and play areas may be used interchangeably so long as adequate space for orderly storage of cots, bedding and play equipment is provided. All cots, cribs and mats shall be maintained in a safe and sanitary manner. Hand contact areas of cribs shall be sanitized daily. Each child shall have his or her own sleeping apparatus, which shall be placed in such a manner so as to allow at least one foot of open space on all sides of the apparatus except where such apparatus is adjacent to a wall or partition. (b) Diapering and toileting. (1) Diaper changing stations shall be located adjacent to handwashing lavatories equipped with hot and cold water through mixing faucets as required in the city plumbing code and supplied with soap and disposable towels. Hands of the diapered child and persons changing the diaper shall be washed before and after each diaper change. The surface of all diapering areas shall be sanitized after each use. (c) Feeding. (1) A child’s hands shall be washed immediately prior to and immediately after consuming any food or beverage. (2) Food and beverages shall be served in separate containers for each infant or child. Food and beverages shall not be served directly to a child from the original container, unless it is a single portion, single-use container. Once served to a person, portions of leftover food or beverages shall not be served again, except that packaged foods or beverages, other than potentially hazardous food, that are still packaged and are still in sound condition, may be reserved. (3) Bottled infant formula shall be properly capped when not in use and shall be identified with the child’s name. Formula, once prepared or opened, shall be refrigerated. Any formula prepared but not utilized on the day it is opened or mixed shall be discarded at the end of that day. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, § 9, passed 3-11-2025)

Fort Worth City Code § 16-431 EXTERIOR PREMISES.

§ 16-431 EXTERIOR PREMISES. (a) General requirements. (1) Exterior premises shall be well-drained and maintained free of high grass, poisonous plants and pest harborages and breeding sites. (2) Exterior premises shall be free from cisterns and cesspools, and from unprotected wells, grease traps, utility equipment, nuisances and any other object or condition which may be hazardous to children. (3) Swimming pools shall be constructed, maintained, and comply with the requirements set for under the city’s code of ordinances, the State of Texas Regulations for Swimming Pools, and Texas Department of State Health and Safety’s Standards for Swimming Pool and Spa. (4) All pool chemicals and equipment shall be stored in a place and manner which are at all times inaccessible to children. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, § 10, passed 3-11-2025)

Fort Worth City Code § 16-432 SANITATION AND HYGIENE STANDARDS FOR CHILD-CARE CENTER PERSONNEL.

§ 16-432 SANITATION AND HYGIENE STANDARDS FOR CHILD-CARE CENTER PERSONNEL. (a) General requirements. (1) No owner, employee or volunteer who has a communicable disease, as defined by the Communicable Disease Prevention and Control Act, or who is in a contagious state, or who is afflicted with boils, infected wounds, sores or acute diarrhea shall be permitted to care for children, come into contact with children, prepare food or be allowed to work in any capacity where he or she can transmit the communicable disease or infect other individuals in the facility. (2) Owners, employees and volunteers shall wear clean clothing and maintain a state of personal cleanliness while at the facility. (3) Owners, employees and volunteers shall thoroughly wash their hands with soap and warm water before starting work, during work as often asnecessary to keep them clean, after smoking, eating, drinking or using the toilet. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, § 11, passed 3-11-2025)

Fort Worth City Code § 16-433 FOOD SERVICE REQUIREMENTS.

§ 16-433 FOOD SERVICE REQUIREMENTS. (a) General requirements. (1) All child-care centers in which food is prepared for human consumption shall comply with the pertinent food service regulations set forth in Chapter 16 “Health and Sanitation”, Article IV “Food Establishments” of the city code and the Texas food establishment rules. While child-care centers in which food is prepared on site must comply with all applicable food service regulations, such child-care centers need not obtain food service establishment permits, nor temporary food service establishment permits. Further, employees of such child care centers need not obtain food handler’s certificates, nor must the child-care manager obtain a food manager’s certificate. (2) Food service establishment permits or temporary food service establishment permits shall not be required in child-care centers which do not prepare food on site, which have children bring their own lunches, which serve only prepackaged single-service snacks, or which prepare no food other than infant formula. (3) All off-site food services used by a child-care center must be permitted as a food service facility by the environmental services department or the appropriate regulatory authority in the jurisdiction wherein the food is prepared. Furthermore, facilities receiving food from such food service entities must have adequate and appropriate provisions for the holding and serving of food and for the washing of utensils in accordance with the requirements of the city code. (4) At all child-care centers where food is prepared for human consumption, residential type refrigerators, freezers and ranges shall not be used for food preparation or storage in the food preparation area. Only equipment that meets or exceeds the standards established by the National Sanitation Foundation (NSF) will be approved for use, except that, in areas other than food preparation areas, residential type refrigerators may be used for storage of infant formula, juices and medications requiring refrigeration. Child-care centers in operation upon adoption of this ordinance which were equipped with residential type equipment may continue to use such equipment until such time as replacement of such equipment becomes necessary due to obsolescence or malfunction, but shall be replaced no later than October 1, 2024. All replacement equipment must meet or exceed the standards established by the NSF. (5) Child-care centers which do not prepare food on site, which serve only prepackaged single-service snacks, or which prepare no food other than infant formula may use a residential type refrigerator for the purpose of storing infant formula, prepackaged snacks or medications requiring refrigeration. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, § 12, passed 3-11-2025)

Fort Worth City Code § 16-434 ANIMAL CARE.

§ 16-434 ANIMAL CARE. (a) General requirements. (1) Animals kept on or brought to child-care center premises shall be in compliance with Chapter 6 of this Code, including that each animal over four months of age has a registered microchip or license; and that each animal over six months of age is spayed, neutered or subject to an intact pet permit; and each animal, to the extent required under the city code, shall be vaccinated against rabies. Documentation of such vaccinations and microchipping or licensing shall be kept on file at the facility. (2) The child-care center and premises shall be kept free of stray animals. (3) Animals and their living spaces at a child-care center shall be kept clean. (4) Turtles and psittacine birds shall not be kept at or brought to child-care center premises. No “prohibited animals,” as that term is defined by Chapter 6 of the city code, shall be kept at or brought to child-care center premises. (Ord. 11209, § 3, passed 11-24-1992; Ord. 23295-06-2018, § 3, passed 6-26-2018, eff. 7-6-2018; Ord. 27524-03-2025, § 13, passed 3-11-2025)

Fort Worth City Code § 16-435 CHILD CARE WORKER CERTIFICATE REQUIRED.

§ 16-435 CHILD CARE WORKER CERTIFICATE REQUIRED. (a) Every owner, employee and volunteer who cares for, controls or supervises children at a child-care center, except for persons whose exclusive responsibilities do not include the care, control or supervision of children, such as janitorial and transportation duties, and who do not in fact care for, control or supervise children, shall obtain a child care worker certificate issued by the department. If a child care worker applies for a certificate and class but the worker is unable to schedule a class before starting his or her job due to a lack of space in a class, the worker may obtain a 30-day extension and work without a certificate for those 30 days. (b) It shall be unlawful for any owner or operator to permit any person to care for, control or supervise children at the child-care center without the person first obtaining and holding a valid child care worker certificate issued by the department or without obtaining a 30-day extension. (c) Every applicant for a child care worker certificate is required to do the following: (1) Shall submit an application on a form specified by the department which shall state the name, residence address, date of birth and such other information as may specified; (2) Shall attend an orientation class provided by the environmental services department before a child care worker certificate, either original or renewal, will be issued to the person; and (3) Shall pay the child care worker certificate fee. (d) A child care worker certificate shall be valid for two years from the date of its issuance unless revoked as provided hereunder. Application by a certificate holder for a new certificate shall be made prior to impending expiration of the certificate in the manner described under this section. (e) The director is authorized to revoke a child care worker certificate upon a finding that the holder failed to report a communicable disease in the holder to the Texas department of state health services. A proposed request for revocation of a certificate shall be made to the environmental services director by the environmental services superintendent after investigation and an opportunity for a hearing with the certificate holder. (f) A nonrefundable fee for a child care worker certificate shall be paid to the department by an applicant in an amount established by city council. (g) A copy of the current child care worker certificate shall be maintained at the child- care center for each of its owners, employees and volunteers who cares for, controls or supervises children at the facility, and for whom a certificate is required by this section. Certificate records shall be available for review upon the request of the director or his or her designee. (h) No child care worker certificate issued by the director shall be used for any purpose other than the purpose for which it was issued, nor be transferred or assigned to, or in any manner used by, any person other than the person to whom it was issued by the director. (Ord. 11209, § 3, passed 11-24-1992; Ord. 13749, § 1, passed 3-23-1999; Ord. 27524-03-2025, § 14, passed 3-11-2025)

Fort Worth City Code § 16-436 APPLICABLE BUILDING CODE PERMITS.

§ 16-436 APPLICABLE BUILDING CODE PERMITS. (a) Prior to the construction, alteration, repair, conversion, improvement or enlargement of any building or structure to be used as a child-care center, the owner of the child-care center shall make application for and obtain a building permit as required by the city building code. (b) A “letter of intent” to operate a child-care center shall be submitted to the department at the same time the plans and specifications are submitted for review to the Fort Worth department of planning and development. The department of planning and development shall receive a copy of the “letter of intent.” Any change or modification to the original “letter of intent” shall cause the owner to submit a revised “letter of intent” to the department with a copy to the department of planning and development. The “letter of intent,” whether original or revised, shall include the following information: (1) Proposed hours and days of operation of the child-care center; (2) Proposed number of children and age groups to be served by the center; (3) Identification or designation of the type of child-care center to be operated at the site; (4) If food preparation or service, as defined by the city code, will be provided at the facility, a sample menu for one month; and (5) If food preparation or service, as defined by the city code, will not be provided at the facility, a statement from the owner that no such food preparation or service will take place at the facility; if the owner subsequently desires to add food preparation or service, as defined the city code, to the facility, then the owner shall comply with all applicable requirements of said code, excluding paying for and obtaining a food service establishment permit for the facility. (c) Nothing in this section shall be construed to exempt the owner of a child-care center or permit applicant from complying with all other applicable permits, inspection or review by any other city department. (Ord. 11209, § 3, passed 11-24-1992; Ord. 17522, § 5, passed 4-24-2007; Ord. 27524-03-2025, § 2, passed 3-11-2025)

Fort Worth City Code § 16-437 REQUIREMENTS FOR CHANGE OF OWNERSHIP OF BUSINESS.

§ 16-437 REQUIREMENTS FOR CHANGE OF OWNERSHIP OF BUSINESS. (a) For purposes of this section, CHANGE OF OWNERSHIP OF THE BUSINESS OF ANY CHILD-CARE CENTER is defined as the sale, transfer or exchange of any legal or equitable interest in the business of operating a child-care center to another person. It shall not be considered a “change of ownership of the business of any child-care center” for purposes of complying with the requirements of this section if the owner of the business changes only the type of business entity holding ownership and the owner remains a controlling partner or officer in the new entity. (b) Whenever a change in the ownership of the business of any child care center occurs, the child-care establishment permit shall be automatically revoked, and the new owner: (1) Shall submit to the director a scale drawing of the floor plan of the facility indicating, but not limited, to the following proposed room usage, equipment schedule, room finish schedule, plumbing schedule and outdoor play area and play equipment; (2) Shall pay the applicable floor plan review fee as set by city council; and (3) Shall obtain a new child- care establishment permit and pay any applicable fees set by city council. (c) The requirements of this section are in addition to building permit or any applicable inspections or reviews by any other city department. (d) In the event of a change of ownership of the business of any child-care center, it shall be unlawful for a new owner to operate or cause to be operated a child-care center without first complying with all the requirements of provided under this section. (e) Whenever a change in the ownership of the business of any child-care center occurs, the new owner of the business shall pay a nonrefundable fee for change of ownership to the department in an amount established by city council. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, § 15, passed 3-11-2025)

Fort Worth City Code § 16-438 APPLICABILITY OF OTHER CITY PERMITS AND CERTIFICATES.

§ 16-438 APPLICABILITY OF OTHER CITY PERMITS AND CERTIFICATES. It shall be unlawful for any person to operate or cause to be operated a child-care center in the City of Fort Worth without first obtaining a building code permit, certificate of occupancy, child-care establishment permit or any other certificate or permit which may be required by any applicable article or chapter of the city code of the City of Fort Worth. It shall be unlawful for any person to operate or cause to be operated a food service establishment or temporary food service establishment at a child-care center without adhering to all rules for operation of such food service establishment. An owner of a child-care center shall also comply with all applicable city code requirements before a permit is issued. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, § 16, passed 3-11-2025)

Fort Worth City Code § 16-439 ENFORCEMENT.

§ 16-439 ENFORCEMENT. (a) Authority. (1) The director or designee shall have the authority and responsibility to enforce the provisions of this article and applicable state statutes regarding child-care centers. (2) The director or designee shall have the authority to inspect or visit all child- care centers at all reasonable times and as he or she determines necessary to ascertain if they are being maintained and operated in conformity with this article or if any conditions exist at a facility which require correction. An inspection shall be made at least once each year to ensure that the facilities, grounds and equipment are maintained in compliance with this article and in a safe sanitary and healthy condition for the welfare of the occupants and patrons of the child-care center. (3) The director or designee shall have the authority to give written notice to the owner of a child-care center of any violation of this article and/or requirement to comply with the provisions of this article. (4) If a child-care center is found to be in operation without a child-care establishment permit, the director or designee shall have the authority to give written notice to the owner of said facility to cease child caring activities immediately, irrespective of how the facility is maintained or operated. The director or designee may permit the child-care center to remain in operation with the condition that the facility obtain a child-care establishment permit within a reasonable time, but said reasonable time may not exceed 30 days. (5) The director or his or her representative shall have the authority after giving written notice to suspend the child-care establishment permit if he or she ascertains any violation causing immediate danger to a child regarding: construction of the facility and on-premises buildings, rest rooms, sanitation of the facility, preparation, storage and handling of food, storage of chemicals or any harmful solution, infectious diseases and hazards in outdoor play areas. Suspension of the child-care establishment permit shall require the operator to cease all child-caring immediately and to bring the child- care center into compliance with the directives from the department within a prescribed time period. Failure to rectify designated problems at the child-care center within the prescribed time period shall lead to revocation of the child-care establishment permit. (b) Revocation. (1) The director shall have the authority to revoke any child-care establishment permit if it is determined that: a. The child-care establishment permit is used or was used by a person other than the person to whom the certificate was issued; b. The child-care establishment permit is used for a location other than that for which it was issued; c. Any of the conditions or limitations set forth in the child-care establishment permit have been violated; d. There has been any false statement or misrepresentation as to a material fact in the plans, specifications or documentation on which the child-care establishment permit was based; or e. Owner or operator failed or refused to comply with the minimum requirements set forth in this article for a child-care center. (2) To revoke a child-care establishment permit, the director must adhere to the following procedure: a. The director, in writing by certified mail or by personal service, shall notify the owner of the manner in which the owner or the child-care center fails to comply with the provisions of this chapter, and shall specify a reasonable time by which the owner shall remedy said failure. b. If the owner fails to comply with the provisions of this chapter within the time specified, the director shall give notice in writing to the owner of the child-care center that the child-care establishment permit issued for the operation of the child-care center is revoked. This action of revocation is in addition to any criminal enforcement of this article. c. The notice of revocation or a denial of a child-care establishment permit shall become final after the expiration of ten days from the date of service upon the owner or operator of the child-care center in question, unless on or before the expiration of ten calendar days the owner or his or her duly authorized agent shall file with the office of the city manager a written letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than 15 days after receipt of the letter of appeal unless extended by mutual agreement of the parties. The owner appellant shall be given at least five days’ notice of the date, time and place of the hearing. The city manager or designee shall give the appellant, and any other affected party, a reasonable opportunity to be heard, in order to show cause why the determination of the regulatory authority should not be upheld. In all such cases the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the regulatory authority. The city manager or designee shall make his or her determination and shall notify the appellant of his or her determination. The decision of the city manager or designee is final. (3) Any suspension or revocation of a child-care establishment permit by the city shall be reported to the Texas department of health and human services. The city shall also report a child-care center operating without a valid child-care establishment permit to the Texas department of health and human services. (4) Any person aggrieved by a finding, determination, notice or action taken under the provision of codes or ordinances, other than the provisions provided under this section, shall follow the appeal process designated in the applicable code or ordinance. (Ord. 11209, § 3, passed 11-24-1992; Ord. 27524-03-2025, § 17, passed 3-11-2025)

Fort Worth City Code § 16-440 PENALTY FOR VIOLATIONS.

§ 16-440 PENALTY FOR VIOLATIONS. (a) Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction in municipal court shall be fined not more than $2,000 in accordance with § 1-6(c), and each separate violation shall constitute a separate offense, and each and every day the offense occurs shall constitute a distinct and separate offense. (b) If, after revocation of a child-care establishment permit, a person continues to operate a child-care center, he or she shall be subject to the penalties described in § 16-440(a). (Ord. 11209, § 3, passed 11-24-1992; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019; Ord. 27524-03-2025, §§ 2, 3, passed 3-11-2025)
Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-19705Fetched: 10/26/2026

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