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HomeMy WebLinkAboutORD 10-075 ORDINANCE NO.10-075 ENTITLED AN ORDINANCE AMENDING CHAPTERS 6, 10 AND 11 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE FOR REGULATION OF IN-HOME CHILD CARE CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 6, Section 6-21, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding local amendments to the 2009 International Building Code to read as follows: Sec. 6-21. Amendments to code. Section 310.1, Residential Group R, of the International Building Code is hereby amended by adding Sections 310.1.1 and 310.1.2 to read as follows: Section 310.1.1. Licensed Child Care Home. Shall be licensed by the Texas Department of Family and Protective Services. Licensed child care homes shall be allowed in a single family residence with a specific use permit and a certificate of occupancy. All licensed child care homes shall have yearly inspections from the fire marshal's office. Licensed child care homes shall also comply with Section R314.4 of the 2009 International Residential Code, Power source: Smoke alarms shall receive their primary power from the building's wiring when such wiring is served from a commercial source and, when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. Smoke alarms shall be interconnected. Section 310.1.2. Registered Child Care Home. Shall be licensed by the Texas Department of Family and Protective Services. Registered child care homes shall be allowed in a single family residence with a specific use permit and a certificate of occupancy. All registered child care homes shall have yearly inspections from the fire marshal's office. Registered child care homes shall also comply with Section R314.4 of the 2009 International Page 1 Residential Code, Power source: Smoke alarms shall receive their primary power from the building wiring when such wiring is served from a commercial source and, when power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for over current protection. Smoke alarms shall be interconnected. Section 310.2 is hereby amended by adding definitions to read as follows: Licensed Child Care Home. The primary care giver provides care in the care giver's own residence for children from birth through thirteen (13) years on a twenty-four(24) hour basis. The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the care giver, must not exceed twelve(12). These Licensed child care homes shall be classified as R-3 residential occupancies. Registered Child Care Home. The primary care giver provides regular care in the care giver's own residence for not more than six(6)children from birth through thirteen(13)years for less than twenty-four(24)hours and may provide care after school hours for not more than six (6) additional elementary school children. The total number of children in care at any given time, including the children related to the care giver, must not exceed twelve (12). These Registered child care homes shall be classified as R-3 residential occupancies. Section 2. That Chapter 10, Section 10-2, be and the same is hereby amended by adding a local amendment to the 2009 International Fire Code to read as follows: Sec. 10-2. Amendments to code. Chapter 2, Section 202, General Definitions, Occupancy Classification, Residential Group R, R3, is hereby amended by adding the following definitions: Registered Child Care Home. The primary care giver provides regular care in the care giver's own residence for not more than six(6)children from birth through thirteen (13) years for less than twenty-four (24) hours; and may provide care after school hours for not more than six (6) additional elementary school children. The total number of children in care at any given Page 2 time, including the children related to the care giver, must not exceed twelve (12). These Registered child care homes shall be classified as R-3 residential occupancies. Licensed Child Care Home. The primary care giver provides care in the care giver's own residence for children from birth through thirteen (13) years on a twenty-four(24) hour basis. The total number of children in care varies with the ages of the children, but the total number of children in care at any given time, including the children related to the care giver, must not exceed twelve(12). These Licensed child care homes shall be classified as R-3 residential occupancies. Chapter 3. That Chapter 11, Section 11-1.1, be and the same is hereby amended by adding a local amendment to the Texas Department of Health Bureau of Food and Drug Safety, "Texas Food Establishment Rules," to read as follows: Sec. 11-1.1. Same--Amendments. The Texas Department of Health Bureau of Food and Drug Safety, "Texas Food Establishment Rules," are hereby amended as follows: Section 229.162 is hereby amended to change the definition of"child care center" to read as follows: Child care center—Any facility licensed by the regulatory authority to receive 6 or more children for child care which prepares food for on-site consumption, excluding in-home day cares. Section 4. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Page 3 Section 5. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 6. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 7. That any person who violates any provision of this ordinance shall, upon conviction, be punished by a fine not exceeding Two Thousand Dollars ($2,000). Chapter 8. This Ordinance shall be effective from and after publication in accordance with the Charter of the City of Beaumont. Chapter 9. All state licensed or registered home based day cares in existence at the time of the effective date of this Ordinance are considered to be lawful. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2010. - or Becky Am s - Page 4