Sec. 15-221. - Definitions.

The following definitions shall apply in the interpretation and enforcement of this article:

Care giver shall mean a person at least eighteen (18) years old and able to care for children in a child care facility in accordance with the Texas Department of Human Services minimum standards.

Child shall mean an individual under fourteen (14) years of age.

Child care facility shall mean a place other than the child's or children's own home or homes in which care, supervision and guidance of a child or children unaccompanied by parents, guardian or custodian is provided on a regular basis for a period of less than twenty-four (24) hours a day, whether operated for profit or nonprofit. For the purpose of this article, family day homes will be excluded.

Day care center shall mean a child care facility that provides care for more than twelve (12) children under fourteen (14) years of age for less than twenty-four (24) hours a day.

Department shall mean the San Antonio Metropolitan Health District.

Division shall mean the division established or designated by the Director of the San Antonio Metropolitan Health District to enforce the provisions in this article.

Family day home shall mean a facility that regularly provides care in the caretaker's own residence for not more than six (6) children under fourteen (14) years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six (6) additional elementary school siblings of the other children given care, but the total number of children, including the caretaker's own, does not exceed twelve (12) at any given time.

Group day care home shall mean a facility that provides care for less than twenty-four (24) hours a day for seven (7) to twelve (12) children under fourteen (14) years of age.

On-site-preparation shall mean the preparation of food on the premises of the facility involving the use of multi-use utensils or equipment.

Person shall mean an individual, a public or private agency, an association, or a corporation.

Primary food production shall mean preparation and serving of food as a meal.

Reinspection shall mean any additional inspection services required beyond the first inspection and one follow-up inspection.

Sanitation shall mean effective bactericidal treatment by a process that provides enough accumulation heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens, to safe level on utensils and equipment.

Satellite shall mean food served but not prepared on-site by an approved source.

Sick or ill child shall mean any child whose participation in a regular child care program is prohibited due to discomfort, injury or other symptoms of illness.

Sick child care shall mean the care of children with short-term illness and/or disability either as a primary service or as a component of other child care services.

(Ord. No. 69216, § 1(2), 4-6-89)

Sec. 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)

Sec. 15-223. - Issuance of permit not to create vested rights.

No permits shall be deemed to grant a vested or property right, but such permit shall remain subject to the terms and provisions of this article and subject to such future regulations as shall be promulgated by the city council by ordinance and any investment made by an applicant or permittee shall be made subject to this article.

(Ord. No. 69216, § 1(4), 4-6-89)

Sec. 15-224. - Inspections.

An inspection of the facility is to be performed at least once every year or as determined by the director of health. Additional inspections are to be performed based upon assessments of potential risks of food-borne illnesses including a history of critical violations and numerous or repeat noncritical violations of this Code; the hazards associated with the particular foods being prepared, stored, or served; the methods and extent of food storage, preparation and service.

Where joint occupancy of buildings exists between schools approved by the Texas Education Agency and child care facilities providing care to school age children attending the school, existing public school inspections may substitute for any required site inspections for the child care facilities.

Pre-operational inspections, follow-up inspections and other investigations are to be conducted in accordance with the applicable provisions of this article.

(a)

Inspection report. The inspection report form adopted by the department is to be used to report the findings of the facility inspection.

The inspection report is to identify the conditions found which are in violation of this article including pertinent administrative information, critical violations, and the Code sections which have been violated.

The inspection report is to specify the time-frame for correction of violations. A copy of the completed inspection report and the notice to correct violations is to be delivered to the person in charge or to the permit holder at the conclusion of the inspection for written acknowledgement of receipt.

The completed inspection report is to be treated as a public document and shall be made available for public disclosure to any person who requests it according to law.

(b)

Correction of violations. Imminent health hazards which may be created by sewage backup, extended interruption of water or electrical service, or other conditions which endanger food safety, are to be eliminated by immediate suspension of operations.

The permit holder shall comply with warnings, notices or directives issued by the department, including securing approval to resume operation if operations were suspended.

Critical violations designated on the inspection report are to be corrected by the date and time specified by the department, but in all cases, within ten (10) days following the inspection.

Non-critical violations designated on the inspection report are to be corrected by the date and time specified by the department, but in no event later than the next scheduled inspection.

Correction of violations is to be verified by the department after receiving written notification from the permit holder that the violations have been eliminated or at the end of the specified period of time and be noted on the inspection report and in the department's records.

Cost of reinspection shall be:

1st reinspection .....$ 25.00

2nd reinspection .....50.00

3rd reinspection .....75.00

4th reinspection .....100.00

(Ord. No. 69216, § 1(5), 4-6-89)

Sec. 15-225. - Operations of a child care facility.

(a)

General requirements common to all child care facility operations:

(1)

Animals:

a.

All animals shall be kept in accordance with the applicable city Code pertaining to animals and livestock.

b.

Animals kept on the premises shall be vaccinated according to the recommendations of a licensed veterinarian.

c.

The facility and yard shall be kept free of stray animals.

d.

Animals are prohibited from food preparation areas and food storage areas at any time.

e.

Unpenned animals are prohibited in areas when food is being served.

f.

Provisions shall be made to prevent access of animal feces by children and the premises must be kept free of animal feces.

g.

The facility shall seek consultation for the keeping of other than domesticated animals.

h.

It shall be the duty of the owners, operator or person in charge to comply with the provisions of this subsection.

(2)

Building, equipment and grounds:

a.

Cribs shall meet U.S. Consumer Product Safety Commission Guidelines (1974). Crib slats shall be spaced no more than two and three eighths (2⅜) inches apart, the minimum height shall be twenty-two (22) inches from the top of the railing to the mattress at its lowest level, and shall have no corner post extensions above two (2) inches.

b.

The walls and ceiling inside the building shall be maintained in a state of good repair.

c.

All surfaces shall be provided with a minimum of twenty (20) foot candles of light at a distance of thirty (30) inches from the floor.

d.

All floors shall be maintained in state of good repair in order that they may be properly cleaned.

e.

All floors shall be cleaned as often as necessary to prevent accumulations of dust and lint.

f.

The roof of the building shall be repaired when necessary to prevent leaks.

g.

Doors and windows shall be repaired as necessary to prevent entry of rodents and insects.

h.

The grounds shall be kept clean and free of litter at all times.

i.

Playground equipment shall be maintained in a state of good repair at all times in accordance with the U.S. Consumer Product Safety Commission Guidelines for public playground safety.

j.

A swimming pool, if present, shall be operated and maintained in accordance with city codes and applicable state standards.

k.

All equipment designated for use by children shall be maintained in a clean condition and in good repair.

l.

Children shall not be cared for in indoor areas or space in temperatures greater than eighty-four (84) degrees Fahrenheit or less than sixty-five (65) degrees Fahrenheit, to be measured at a level where children's activity takes place.

m.

Wading pools when used shall be maintained according to department requirements.

n.

Impact-absorbing surfaces made of energy-absorbing mats or loose materials such as wood chips or sand shall be provided under playground climbing equipment. Such materials shall be maintained so that the surface is not allowed to become compacted.

o.

It shall be the duty of the owners, operator or person in charge to comply with the provisions of this subsection.

(3)

Hygienic practices:

a.

General:

1.

All surfaces, including toys, that come in contact with children's mouths shall be sanitized on a daily basis.

2.

Staff shall make provisions for proper storage and handling of items of personal hygiene.

b.

Handwashing:

1.

Handwashing facilities shall be easily accessible to children.

2.

Soap, disposable towels and sanitary tissue shall be provided.

3.

Children shall wash hands after using the toilet, before eating meals or snacks, and before taking part in food preparation activities.

4.

Hot water temperature shall not exceed one hundred twenty (120) degrees Fahrenheit at outlets used by children.

5.

Hot and cold water, under pressure, shall be supplied to all handwashing sites by means of a mixing faucet.

6.

Where multi-use or reusable hand towels or washcloths are used, provisions shall be made to ensure that cross-contamination does not occur.

c.

Diapering:

1.

Care givers shall change children's diapers on a smooth, non-absorbent, and easily cleanable surface or a surface with a clean, disposable, non-permeable covering.

2.

Dirty disposable diapers and table coverings shall be put immediately into plastic-bag lined, waste receptacles which have tight-fitting lids and to which the children have no access.

3.

Soiled clothing, including non-disposable diapers, shall be placed immediately in separate plastic bags labeled with the child's name for laundering.

4.

After every use the diaper-hanging area, whether or not a non-permeable covering is used, shall be cleaned, wiped with a sanitizing solution and allowed to dry.

5.

Guidelines established by the Texas Department of Health shall be followed for sanitation of diaper-hanging surfaces.

6.

Facilities that care for infants shall have a lavatory located in the immediate vicinity of the diaper-hanging table equipped with hot and cold running water with a mixing type faucet.

d.

It shall be the duty of the owners, operator, person in charge, or care giver to comply with the provisions of this subsection.

(4)

Immunizations and disease control:

a.

The child care facility health records shall be available for inspection by the director of health or his representative at all times.

b.

lmmunizations required by this article shall be those set forth by the director of health.

c.

It shall be the responsibility of the facility's operator to seek recommendations from the department on appropriate methods for control of infectious diseases.

d.

The department shall make available to facilities recommendations on appropriate measures for control of infectious diseases.

e.

All child care facility employees shall have two (2) hours annually of training in general sanitation.

f.

It shall be the duty of the owners, operator, or person in charge to comply with the provisions of this subsection.

(5)

Pest control:

a.

Effective measures such as excluding, inspecting and exterminating shall be used to minimize the entry, presence and propagation of rodents, insect, birds or other pests.

b.

The premises shall be maintained so that harborage or feeding of insects, rodents, birds, or other pests will be prevented. (Chapter 15, Article V)

c.

It shall be the duty of the owners, operator, person in charge, or care giver to comply with the provisions of this subsection.

(6)

Staff health:

a.

People whose behavior or health appears to endanger the health, safety, or well-being of children must not be at the center.

b.

People must not smoke in the children's presence or consume alcohol when children are at the center. People who appear to be under the influence of alcohol or other drugs must not be in the center when children are present.

c.

Staff members who have a chronic or acute illness which requires treatment with medications whose use could result in impaired judgment shall make those conditions known to the director of the facility.

d.

It shall be the duty of the owners, operator, person in charge, or care giver to comply with the provisions of this subsection.

(7)

Toilet facilities:

a.

Toilet facilities shall be designed, located and the number required in accordance with the Texas Department of Human Services minimum requirements.

b.

Facilities that keep infants shall have a lavatory with hot and cold running water and a mixing-type faucet in the immediate vicinity of the diaper-changing table.

c.

Toilet facilities shall be maintained in a clean sanitary condition.

d.

Lavatories shall be of a size appropriate to small children. Step stools, when used to make lavatories accessible, shall be of stable design.

e.

Restroom doors, when present on toilet rooms used by the children, shall not be equipped with locks or self-closing devices except that facilities providing after school care to school age children only shall be exempt from this requirement.

f.

It shall be the duty of the owners, operator or person in charge to comply with the provisions of this subsection.

(8)

First-Aid: The facility shall make provisions for the following:

a.

A first-aid kit containing, as a minimum: adhesive bandages, soap, cotton tip applicators, absorbent cotton, sterile gauze squares, adhesive tape, magnifying glass, tweezers for removing splinters, hydrogen peroxide, syrup of ipecac, and a thermometer.

b.

Supplies being kept handy in a designated location, out of the children's reach, and providing a guide to first-aid and emergency care.

c.

It shall be the duty of the owners, operator or person in charge to comply with the provisions of this subsection.

(b)

Requirements related to the child care facilities involved in the on-site preparation of food service. The "Rules on Food Service Sanitation" are adopted by reference for use in facilities involved in the on-site preparation of food. Child care facility food service staff shall have a minimum of six (6) hours training in food service sanitation yearly.

(Ord. No. 69216, § 1(6), 4-6-89)

Sec. 15-226. - Sick/handicapped child care.

(a)

Sick child care. The director of health is authorized to promulgate standards for the care of sick children in child care facilities. Facilities providing such care shall be required to apply to the director for minimal requirements of operation which will protect the health, safety and well-being of sick children in care.

(b)

Care for handicapped children. The facility shall make arrangements appropriate for the needs of handicapped children in care to ensure that those needs are met in accordance with the provisions of this article. The director of health is authorized to promulgate standards for the care of handicapped children in child care facilities.

(Ord. No. 69216, § 1(7), 4-6-89)

Sec. 15-227. - Due process.

(a)

Remedies—Procedural safeguards.

(1)

The remedies provided in this section are to be applied to the extent required to protect public health and assure food safety, in accordance with law and the department's rules for such procedures.

(2)

An individual's rights to equal protection and due process are to be preserved when applying the remedies set forth in this article.

(b)

Notices.

(1)

A notice provided for in this article is properly served by any of the following methods:

a.

Personally delivering the notice to the permit holder or the manager, operator or person in charge of the child care facility;

b.

Sending the notice to the permit holder's last known address by registered or certified mail, or by other public means so that a written acknowledgement or receipt may be required;

c.

Complying with any manner of service authorized for serving a civil process on an individual or organization, as appropriate; and

d.

Having the notice personally served by any officer, employee or agent of the department, law enforcement officer or any individual authorized to serve a civil process.

(2)

A suspension order or hold order should be delivered personally to the permit holder or person in charge, or the order may be clearly posted at a public entrance to the child care facility, provided a copy of the notice is also sent by first-class mail to the permit holder or to the owner or custodian of the child care facility, as appropriate.

(3)

Service is effective at the time of the notice's receipt or if service is made under section 15-227(b)(2) at the time of the notice's posting.

(4)

Proof of proper service may be made by affidavit of the individual making service or by admission of the receipt signed by the permit holder or his authorized agent.

(c)

Hearings.

(1)

The department shall hold hearings as required by this article.

(2)

Hearings shall be conducted in accordance with applicable laws and administrative procedures.

(3)

The department may appoint a hearing board to hear and make recommendations, concerning administrative remedies to achieve compliance with the provisions of this article to the director of health.

(4)

This board may be composed of a department representative, a qualified hearing officer or independent board members, as appointed by the department.

(5)

The hearing board may make recommendations to the director of health as follows:

a.

Suspending, revoking, modifying or imposing reasonable restrictions or conditions on a permit to operate a child care facility, or recommending the closure of any child care facility that is being operated without a valid permit as required by section 15-222(a);

b.

Issue orders to abate or correct violations of this Code and establishing a schedule for the abatement or corrections of violations;

c.

Deferring or suspending the imposition or execution of a decision and order, and imposing a probationary period, upon the condition that the respondent comply with the hearing board's reasonable terms and conditions;

d.

Approving the offer of a consent agreement, including the terms, conditions, penalties and a waiver of the right to a hearing, entered into by the department and the respondent after a hearing notice has been served;

e.

Ordering reinspection of a facility to determine compliance with a hearing board's order;

f.

Assessing, levying, suspending or ordering the payment of any applicable fee established by the department for any reinspection required, and for the reinstatement of a permit after suspension.

(6)

A hearing proceeding commences at the time the department notifies the respondent of the hearing proceeding.

(7)

A hearing notice is to contain the following information:

a.

Purpose of the hearing;

b.

Time, date and place of the hearing;

c.

Facts that constitute the basis or reason for the hearing;

d.

The rights of the respondent including the right to be represented by counsel and to present witnesses and evidence on their behalf.

(8)

Hearing procedures:

a.

Hearings are to be conducted in an expeditious, fair and impartial manner;

b.

A complete record of the proceedings is to be prepared and maintained, although a verbatim transcript of the hearing is not required.

c.

The parties to a hearing have the right to be represented by counsel, to examine and cross-examine witnesses and to present evidence in support of their position.

d.

The department is to present at the hearing its evidence, orders, directives and reports related to the proposed or appealed remedy. Written evidence may be received, if it will expedite the hearing without substantial prejudice to any party's interests. Documentary evidence may be received in the form of a copy or excerpt.

(d)

Summary permit suspension. The department may suspend a permit to operate a child care facility when it determines through inspection, examination of food, records, employees or other means, as provided in this Code, that the principles of food-borne illness prevention and child health and safety 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. The summary suspension notice is to:

(1)

State that the child care facility permit is immediately suspended and that all food operations are to immediately cease;

(2)

State the reasons for summary suspension with reference to the sections of this Code which are in violation;

(3)

Provide the name and address of the department representative to whom a written request for reinspection can be made and who can certify that reasons for the suspension have been eliminated; and

(4)

State that the permit holder has the right to an appeal hearing upon submission of a written request within ten (10) days of receiving this notice.

The summary suspension will remain in effect until the conditions cited in the notice of suspension no longer exist and their elimination has been confirmed by the department during a reinspection.

The department will conduct a reinspection of the child care facility within forty-eight (48) hours of receiving a written request.

The suspended permit is to be reinstated immediately if reinspection by the department determines that the public health hazard no longer exists and a notice of reinstatement is to be provided to the permit holder or person in charge.

(e)

Restriction of infected or diseased employees. The department may prohibit a person from working when it has reasonable cause to believe an employee of a child care facility has a possible transmitted disease; may be infected with a disease in a communicable form which is transmissible through food; may be a carrier of organisms that cause such diseases; or is affected with a boil, an infected wound or acute respiratory infection.

(Ord. No. 69216, § 1(8), 4-6-89)

Sec. 15-228. - Violations and penalties.

(a)

A person having any duty under this article as specified above commits an offense if he fails to fulfill that duty or fails to comply with any provision of this article with any of the requirements hereof.

(b)

Any person who violates any provisions of this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00), for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct actionable offense.

(c)

When it appears that a person has violated, is violating, or is threatening to violate the permit requirements of this article, the department may file a suit in a district court for injunctive relief pursuant to Vernon's Annotated Rules on Civil Procedures.

(Ord. No. 69216, § 1(9), 4-6-89)

Sec. 15-229. - Creation of advisory committee for health-related issues in child care facilities.

(a)

The advisory committee of child care facilities shall be composed of seven (7) citizens of the City of San Antonio appointed by the director of health.

(b)

Members of this committee serve for terms of two (2) years. Terms shall be staggered and shall coincide with the city's fiscal year.

(c)

The members must represent the following groups:

(1)

Parents, guardians, or custodians of children who use the facilities;

(2)

Child advocacy groups;

(3)

Operators who are representative of a variety of facilities throughout the city;

(4)

Experts in various professional fields that are relevant to child care and development;

(5)

Experts in various professional fields that are relevant to public health, but not employed by the department.

(d)

At least two (2) members of the department staff shall meet with the committee, as "ex officio" members, and the department shall provide staff necessary for the committee.

(e)

The committee shall review material submitted by the department and advise the department of problems of child care facilities within the purview of the department.

(f)

The committee shall meet a minimum of twice a year or as determined by the director of health and shall serve at no expense to the City of San Antonio; a quorum is necessary for the committee to meet.

(Ord. No. 69216, § 1(10), 4-6-89)

Sec. 15-230. - Creation of interpretation guide.

The director of health shall cause to be created an interpretation guide to provide clarification and guidance to child care providers on the requirements of this Code and to provide pertinent information. This guide may be in a written or video form or both; the contents of which are to be determined by the director of health.

(Ord. No. 69216, § 1(11), 4-6-89)

Sec. 15-231. - Creation of training component.

The director of health shall cause to be created a training program, and shall determine the contents of said training program. The training program shall relay information to potential or existing child care workers of Code requirements and pertinent information on issues related to the health and safety of children in out-of-home care.

(Ord. No. 69216, § 1(12), 4-6-89)

Sec. 15-232. - Separability.

If any provision or application of any provision of this article is held invalid, that invalidity shall not affect other provisions or applications of this article.

(Ord. No. 69216, § 1(13), 4-6-89)