ADMINISTRATIVE

Fort Worth City Code ch. 20, art. XIV, div. 2

in effect

Fort Worth City Code § 20-473 PERMIT REQUIRED.

§ 20-473 PERMIT REQUIRED. (a) A person commits an offense if they own or operate a boarding home facility in the city without a valid permit issued under this article. (b) It is a defense to prosecution under this section if a person operates a facility listed in § 20-474 of this article. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-474 EXEMPTIONS.

§ 20-474 EXEMPTIONS. This article does not apply to the following: (a) Home and community support services licensed under Tex. Health and Safety Code, Chapter 142, as amended. (b) Convalescent and nursing homes and related institutions licensed under Tex. Health and Safety Code, Chapter 242, as amended. (c) Continuing care facilities licensed under Tex. Health and Safety Code, Chapter 246, as amended. (d) Assisted living facilities licensed under Tex. Health and Safety Code, Chapter 247, as amended. (e) Intermediate care facilities for the mentally retarded licensed under Tex. Health and Safety Code, Chapter 252, as amended. (f) A person that provides from home health, hospice, or personal assistance services only to persons enrolled in a program funded wholly or partly by a state agency with jurisdiction over mental health and mental disability and monitored by that state agency or its designated local authority in accordance with standards set by that agency as defined in Tex. Health and Safety Code, § 142.003(a)(19), as amended. (g) An establishment conducted by or for the adherents of a well- recognized church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend exclusively on prayer or spiritual means for healing, without the use of any drug or material remedy, if the establishment complies with safety, sanitary, and quarantine laws and rules as defined in Tex. Health and Safety Code, § 242.003(3), as amended. (h) A facility that provides personal care services only to persons enrolled in a program that is funded in whole or in part by a state department or agency and that is monitored by a state department or agency or its designated local mental retardation authority in accordance with standards set by the state department or agency, as defined in Tex. Health and Safety Code, § 247.004(4), as amended. (i) A hotel as defined by Tex. Tax Code, § 156.001, as amended. (j) A retirement community as defined by Tex. Tax Code, § 11.18, as amended. (k) A monastery or convent. (l) A childcare facility as defined by Tex. Human Resources Code, § 42.002, as amended. (m) A family violence shelter center as defined by Tex. Human Resources Code, § 51.002, as amended. (n) A fraternity or sorority house, or other dormitory, associated with an institution of higher education. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-475 PERMIT APPLICATION.

§ 20-475 PERMIT APPLICATION. (a) To obtain a permit to operate a boarding home facility, a person must submit an application to the director on a form provided for that purpose. The applicant must be the owner or operator of the boarding home facility. If the owner or operator is not an individual, an authorized officer or agent of the owner or operator must file the form. The application must contain the following information and be accompanied by the fee required under his article before it is considered to be complete: (1) The name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and date of birth of the applicant. The street address may not be the address of the boarding home facility unless the applicant actually resides full-time at the boarding home facility. (2) The name, street address, mailing address, e-mail address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and position of the authorized officer or agent filing the form on behalf of the applicant, if the applicant is not an individual. The street address may not be the address of the boarding home facility unless the authorized officer or agent actually resides full-time at the boarding home facility. (3) The form of business of the applicant; the name, street address, mailing address, email address, telephone number, a legible copy of the driver's license or other official state or federal identification card, and date of birth of a high managerial agent of the business; and, if the business is a legal entity, such as a corporation or association, a copy of the documents establishing the business. (4) If the operator of the boarding home is renting or leasing the home or facility, then the operator must present a letter from the owner of the real property authorizing the use of the rental property to operate a boarding home and acknowledging the requirements for the property to be used as a boarding home set out within this article. (5) The street address and telephone number of the boarding home facility. (6) The name, street address, mailing address, e-mail address, and telephone number of a person or persons to contact in an emergency as required by this article. (7) Documentary evidence of payment of ad valorem taxes, fees, fines, and penalties owed to the city in connection with the real property used to operate the boarding home facility. (8) The names, street addresses, mailing addresses, e-mail addresses, telephone numbers, legible copies of the drivers' licenses or other official state or federal identification cards, and dates of birth of any owners, operators, or employees of the boarding home facility other than the applicant. The street address may not be the address of the boarding home facility, unless the owner, operator, or employee actually resides full-time at the boarding home facility. (9) Completed state or federal request and release forms authorizing the city to obtain a criminal history report on each owner, operator and employee of the boarding home facility. (10) The maximum number of residents that will reside at the boarding home facility. (11) The services to be offered or provided to the residents of the boarding home facility. (12) A zoning verification letter stating that the proposed use of the property complies with the city's Zoning Ordinance. (13) If the boarding home facility has one or more residents with a disability, a list of disabilities of the residents. (14) A statement that, by filing the application, the applicant swears or affirms under penalty of perjury that, to the best of the applicant's knowledge, all information contained in the application is true and correct and that the application is complete and includes all information required to be disclosed under this section. (15) Such additional information as the applicant desires to include or that the director deems necessary to aid in the determination of whether the requested permit should be granted. (b) The application will automatically expire if either the fee or the information requested in subsection (a) is not provided to the director within 30 days of the date the applicant was notified of the request for additional information. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-476 NOTIFICATION OF CHANGE OF INFORMATION.

§ 20-476 NOTIFICATION OF CHANGE OF INFORMATION. The permit holder shall notify the director within 10 days after any material change in the information contained in the application for a permit to operate a boarding home facility, including any change in ownership or operation of the property and any new disabilities served by the boarding home facility. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-477 FEES.

§ 20-477 FEES. (a) The fee for a permit to operate a boarding home facility is $1,500.00. (b) No refund of a permit fee will be made. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-478 ISSUANCE AND DENIAL OF PERMIT.

§ 20-478 ISSUANCE AND DENIAL OF PERMIT. (a) Upon payment of all required fees and the submission of a complete application, the director may issue a permit to operate a boarding home facility to the applicant if the director determines that: (1) The applicant has complied with all requirements for issuance of the permit; (2) The applicant, owners, operators, and employees of the boarding home facility meet the criminal history qualifications of this article; (3) The applicant, owners, operators, or employees of the boarding home facility do not own or operate another permitted boarding home facility in the city for which the permit is currently suspended or has been revoked; (4) The applicant has not made a false statement as to a material matter in the application for a permit; (5) The condition and use of the boarding home facility complies with zoning regulations, and all other standards in this article applicable to the property; and (6) The applicant, owners, and operators do not owe the city any ad valorem taxes, fees, fines or penalties. (b) If the director determines that the requirements of subsection (a) have not been met, the director shall deny the permit. (c) If the director determines that an applicant should be denied a permit, the director shall notify the applicant in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-479 SUSPENSION OF PERMIT; PROHIBITION OF NEW RESIDENTS.

§ 20-479 SUSPENSION OF PERMIT; PROHIBITION OF NEW RESIDENTS. (a) The director may suspend a boarding home facility permit for a period not to exceed 90 days if the director finds that the permit holder or an employee of the boarding home facility has: (1) Failed to comply with any provision of this article, any other ordinance, or any state or federal law applicable to the operation of a boarding home facility; or (2) Intentionally or knowingly impeded or refused to allow an inspection by the director authorized under this article. (b) A boarding home facility for which the permit has been suspended may not admit any new residents during the time the permit is suspended. (c) In lieu of suspending a permit for a boarding home facility, the director, at their sole discretion, may enter into a compliance agreement with a permit holder if the director determines that the compliance agreement would eliminate the noncompliance that would otherwise justify a suspension, result in prompt future inspections, and elevate one or more conditions at the boarding home facility to a standard above the requirements of this article. (d) The director shall send a written statement of the reasons for the suspension, the date the suspension is to begin, the duration of the suspension, and the permit holder's right to appeal by certified mail, return receipt requested. (e) A permit holder whose permit is suspended may not be granted a permit to operate additional boarding home facilities during the period of suspension. (f) A permit holder commits an offense if they operate or own a boarding home facility that admits new residents during the time that the suspension of the permit is in effect. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-480 REVOCATION OF PERMIT.

§ 20-480 REVOCATION OF PERMIT. (a) Except as provided in subsection (b), the director shall revoke any permit issued to operate a boarding home facility if the director determines that: (1) The permit holder fails to meet the criminal history qualifications of this article or employs a person at the facility who fails to meet the criminal history qualifications. (2) The permit holder intentionally made a false statement as to a material matter in the application or in a hearing concerning the permit; (3) The permit holder failed to pay a fee required by this article at the time it was due; or (4) A cause for suspension under § 20-480 has occurred and the permit has already been suspended at least once within the preceding 12 months. (b) In lieu of revoking a permit for a boarding home facility, the director, at their sole discretion may enter into a compliance agreement with a permit holder if the director determines that the compliance agreement would eliminate the noncompliance that would otherwise justify a revocation, result in prompt future inspections, and elevate one or more conditions at the boarding home facility to a standard above the requirements of this article. (c) Before revoking a license under subsection (a), the director shall notify the permit holder in writing by certified mail, return receipt requested, that the permit is being considered for revocation. The notice must include the reason for the proposed revocation, action the permit holder must take to prevent the revocation, and a statement that the permit holder has ten calendar days to comply with the notice. (d) If, after ten calendar days from the date of the notice required in subsection (c) was sent or delivered (whichever is later), the permit holder has not complied with required actions listed in the notice, the director shall revoke the permit and notify the permit holder in writing of the revocation. The notice must include the reason for the revocation, and a statement informing the permit holder of the right to appeal. (e) If a permit has been revoked, the permit holder has ten calendar days from the date the notice was sent or delivered (whichever is later), to relocate the residents of the facility and cease operations. An appeal of the revocation does not suspend or toll this deadline. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-481 APPEALS.

§ 20-481 APPEALS. If the director denies issuance or renewal of a permit or suspends or revokes a permit issued under this article, the action is final unless the permit holder files a written appeal within ten business days with the office of the city manager. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-482 EXPIRATION AND RENEWAL OF PERMIT.

§ 20-482 EXPIRATION AND RENEWAL OF PERMIT. (a) A permit to operate a boarding home facility expires one year after the date of issuance. (b) A permit holder shall apply for renewal at least 30 calendar days before the expiration of the permit on a form provided by the director. The permit holder shall update the information contained in the original permit application required under § 20-475 of this article or any subsequent renewals under this section, if any of the information has changed. The permit holder shall sign a statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications, or that any information that has been updated is accurate and complete. (c) The director shall follow the procedures set forth in this article when determining whether to renew a permit. (d) The fee for the renewal of a permit to operate a boarding home facility is $1,000.00. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-483 NONTRANSFERABILITY.

§ 20-483 NONTRANSFERABILITY. A permit to operate a boarding home facility is not transferable to another owner, operator, or location. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-484 POSTING REQUIREMENTS.

§ 20-484 POSTING REQUIREMENTS. The permit holder shall prominently and conspicuously post for display in a public area inside the boarding home facility that is readily available to residents, the operator, employees, and visitors the following: (a) The permit issued under this article to operate the boarding home facility. The permit must be presented upon request to the director, director's designee or to a peace officer for examination. (b) A sign prescribed by the director specifying how complaint may be registered with the city. (c) A notice in a form prescribed by the director stating that inspection and related reports are available at the facility for public inspection and providing a telephone number that may be used to obtain information concerning the facility. (d) A copy of the most recent inspection report relating to the facility by the city or a concise and accurate summary of that inspection report. (e) A notice in a form prescribed by the director that lists the name, location, and contact information for: (1) The closest local public health services agency in the proximity of the facility; and (2) A local organization or entity that represents, advocates, or serves elderly persons or persons with disabilities, including any related toll-free contact information for reporting emergencies to the organization or entity. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-485 INSPECTIONS; FEES.

§ 20-485 INSPECTIONS; FEES. (a) Required inspections. (1) A boarding home facility must pass all required inspections. (2) The permit holder shall keep a current file of reports and other documentation on site that is needed to demonstrate compliance with applicable ordinances, laws, and regulations, including, but not limited to, documentation of those requirements set out in §§ 20-491, 20-494, 20-496, 20-497 and 20-498 of this article. Inspection records must be signed and dated by the appropriate authority and there must be no pending corrective actions. (3) The following inspections are required: a. Permitting inspection. b. Annual permit renewal inspection. c. Annual fire inspection. d. Annual kitchen inspection for a boarding home facility that provides meal preparation. (b) Other inspections. The director may inspect any boarding home facility for the purpose of ascertaining whether violations of this article or any other city ordinances exist. The director is authorized at a reasonable time to inspect: (1) The exterior of a structure and the surrounding premises; and (2) The interior of a structure if the permission of the owner, occupant, or person in control is given or a search warrant is obtained. (c) Consequences of refusal to inspect. If the owner, occupant, or person in control denies permission to search any part of the interior or exterior of the structure or the surrounding premises, the director may suspend the permit to operate a boarding home facility in accordance with Section 20-480. (d) Reinspections. Whenever a boarding home facility is inspected by the director and a violation of this article or any other city ordinances is found, the building or premises will, after the expiration of any time limit for compliance given in the notice or order issued because of the violation, be reinspected by the director to determine that the violation has been eliminated. (e) Reinspection fee. The permit holder shall pay: (1) To the director, $500.00, for each reinspection after the first inspection by that department that must be conducted before the violation is determined to be eliminated; and (2) To the director of any other city department the fee required (if any) by the applicable code for each reinspection by that department that must be conducted before the violation is determined to be eliminated. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

Fort Worth City Code § 20-486 REPORTS TO THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION.

§ 20-486 REPORTS TO THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION. As required by Tex. Health and Safety Code, Chapter 260, before September 30th of each year, the director shall submit a report to the Texas Health and Human Services Commission. The report must contain the following information: (a) The total number of boarding home facilities issued permits by the city during the preceding state fiscal year. (b) The total number of boarding home facility applications for which permits were denied, including a summary of the causes for denial. (c) The total number of boarding home facility permits that were active on August 31st of the preceding state fiscal year. (d) The total number of residents housed in each boarding home facility reported. (e) The total number of inspections conducted by the city at each boarding home facility. (f) The total number of permits suspended or revoked as a result of an inspection. (g) A summary of the outcome for any residents displaced by suspension or revocation of a permit. (Ord. 25952-01-2023, § 1, passed 1-10-2023, eff. 4-15-2023)

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/0-0-0-73654Fetched: 10/26/2026