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
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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
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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.
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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 -
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