Ordinance No. 13,066ORDINANCE NO. 13, 066
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III
"PRE- DISASTER MANAGEMENT" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO RENAME DIVISION 1 "CUSTODIAL
RESIDENTIAL CARE AND LIVING FACILITIES" TO DIVISION 1
"RESIDENTIAL BOARD AND CARE OCCUPANCY"; AMENDING
CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE- DISASTER
MANAGEMENT," DIVISION 1 "RESIDENTIAL BOARD AND CARE
OCCUPANCY," SECTION 22 -100 "APPLICABILITY," SECTION 22 -101
"DEFINITIONS," SECTION 22 -102 "PERMIT," SECTION 22 -103
"APPLICATION," SECTION 22 -105 "PERMIT ISSUANCE; DENIAL;
REVOCATION; LATE RENEWAL; APPEAL," SECTION 22 -106
"LOCATION REGULATION," AND SECTION 22 -10 "VIOLATIONS AND
PENALTIES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE -
DISASTER MANAGEMENT" DIVISION 1 "RESIDENTIAL BOARD AND
CARE OCCUPANCY" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, BY ADDING NEW SECTIONS TO BE NUMBERED AND
ENTITLED SECTION 22 -101.3 "LIFE SAFETY CODE" AND SECTION 22-
101.5 "STANDARDS "; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 22 "Civil Emergencies," Article III "Pre- Disaster
Management' of the Code of Ordinances, Baytown, Texas, to rename Division 1 "Custodial
Residential Care and Living Facilities" to Division 1 "Residential Board and Care Occupancy."
Section 2: That Chapter 22 "Civil Emergencies," Article III "Pre- Disaster
Management," Division 1 "Residential Board and Care Occupancy," Section 22 -100
"Applicability" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE- DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
Sec. 22 -100. Applicability.
This division applies to all homes, businesses, and facilities that provide assistance,
monitoring, health care, personal care, medical, or psychiatric care to three or more non - familial
persons, residing in such home, business, or facility; and where beds or facilities for sleeping or
overnight stays are available whether in use or not.
Section 3: That Chapter 22 "Civil Emergencies," Article III "Pre- Disaster
Management," Division 1 "Residential Board and Care Occupancy," Section 22 -101
"Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended to repeal the
definitions of "custodial residential care and living facility."
Section 4: That Chapter 22 "Civil Emergencies," Article III "Pre- Disaster
Management," Division 1 "Residential Board and Care Occupancy," Section 22 -101
"Definitions" of the Code of Ordinances, Baytown, Texas, is hereby amended to add definitions
of "Existing residential board and care occupancy," "New residential board and care occupancy,"
"Life safety code," "Residential board and care occupancy," and "Residential board and care
facility," which definitions shall read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE- DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
Sec. 22 -101. Defimitions.
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:
Existing residential board and care facility shall mean any structure having a residential
board and care occupancy:
(1) That was properly licensed and permitted by the city as a custodial residential
care and living facility on December 20, 2015; or
(2) That
(i) had an immediate prior use as a licensed and permitted hospital, nursing
home or other similar state licensed residential health care facility,
(ii) has been converted for a residential board and care occupancy,
(iii) is fully fire sprinkled in accordance with NFPA 13, and
(iv) has all life safety features and equipment, which was required by the
facility's prior use, restored, maintained, and operational in accordance
with all applicable codes, including, but not limited to, the life safety code.
New residential board and care facility shall mean (i) any structure constructed on or
after December 20, 2015, as a residential board and care facility or (ii) any structure that has
been converted into a residential board and care facility, except for a structure included in the
definition of existing residential board and care facility.
Life safety code means Chapters 32 and 33 of NFPA 101, Life Safety Code (2012 ed.), as
amended in this article, and any additional chapters, annexes or appendices referenced therein.
Residential board and care facility means a structure or portion thereof having a
residential board and care occupancy and includes, but not limited to, convalescent or nursing
homes, group homes, foster homes, child care centers and adult day care centers, which centers
are capable and equipped for overnight stays, and hospitals. The term does not include:
(1) A municipal, county, or state jail, state prison, federal correctional center or
private correctional facility that contracts with the state department of criminal
justice;
(2) A religious retreat;
(3) A halfway house where no medical treatment is rendered;
(4) A hospital licensed as such by the State of Texas;
(5) A hotel; or
(6) A dormitory.
Residential board and care occupancy means any occupancy where for compensation
three (3) or more non - familial persons reside or are housed overnight for the purpose of medical
care, treatment, monitoring, custody, general care, or assistance. This term includes any
occupancy where persons are admitted, reside, or are kept for monitoring, assistance, care,
custody, or treatments either voluntarily or involuntarily.
Section 5: That Chapter 22 "Civil Emergencies," Article III "Pre- Disaster
Management," Division 1 "Residential Board and Care Occupancy," of the Code of Ordinances,
Baytown, Texas, is hereby amended by adding a new section to be numbered and entitled
Section 22 -101.3 "Life safety code," which section shall read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE- DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
Sec. 22- 101.3. Life safety code.
(a) Code adopted. The life safety code, as herein amended, is adopted and incorporated as
fully as if set forth at length in this sections and the provisions therein shall be controlling
in the design, construction, quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, use and maintenance of residential board
and care facilities. The official copy of the life safety code is on file in the office of the
emergency management coordinator.
(b) Amendments. The following sections of the life safety code adopted in subsection (a) of
this section are hereby amended as follows:
(1) Section 32.2.2.5.1. Doors, other than those meeting the requirements of
32.2.2.5.1.1 and in paths of travel to a means of escape shall be not less than 36
in. (915mm) wide;
(2) Section 32.2.2.5.1.1. Bathroom doors shall be not less than 32 in. (810 mm)
wide;
(3) Section 32.2.2.5.1.2. In conversions (see 32.1.1.6) doors shall meet the
provisions of 32.2.2.5.1 and 32.2.2.5.1.1;
(4) Section 33.2.2.5.1. Doors, other than bathroom doors addressed in
32.2.2.5.1.1, and in paths of travel to a means of escape shall be not less than
36 in. (915mm) wide;
(5) Section 33.2.2.5.1.1. Bathroom doors shall be not less than 32 in. (8 10 mm) wide;
and
(6) Chapter 32 and 33. Carbon monoxide detectors are required if a new or existing
residential board and care facility has any of the following:
a. An attached enclosed garage,
b. Fuel -fired equipment or HVAC systems, or
C. Fireplace.
Every new or existing residential board and care facility shall be equipped with
approved Carbon Monoxide Detectors in accordance with sections 26.3.4.6.1 and
26.3.4.2 of the life safety code.
Section 6: That Chapter 22 "Civil Emergencies," Article III "Pre- Disaster
Management," Division 1 "Residential Board and Care Occupancy," of the Code of Ordinances,
Baytown, Texas, is hereby amended by adding a new section to be numbered and entitled
Section 22 -101.5 "Standards," which section shall read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE- DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
See. 22-101.5. Standards.
(a) New residential board and care facility. All new residential board and care facilities
shall meet the requirements of chapter 32 of the life safety code for new residential board
and care occupancies, and any additional chapters, annexes or appendices referenced
therein.
(b) Existing residential board and care facility. All existing residential board and care
facilities, shall meet the requirements of chapter 33 of the life safety code and any
additional chapters, annexes or appendices referenced therein on or before January 1,
2018, except for section 33.2.3.4.3 of the life safety code, which requirements must be
met on or before June 17, 2016.
(c) Construction Codes and Standards. In addition to other requirements contained in this
article, the design, construction, renovation and occupancy of residential board and care
facilities shall be governed by and subject to:
(1) The life safety code, as adopted and amended in section 22- 101.3,
(2) The building, mechanical, electrical, plumbing, and other codes as adopted and
amended in chapter 18 of this code, and
(3) The fire code as adopted and amended in chapter 38 of this code.
Where any provision or requirement of any of the adopted building, mechanical,
electrical, plumbing or fire codes conflict with the provisions of the Life Safety Code
chapters adopted by this Article, the fire chief and chief building official shall apply the
code provision which provides the greatest degree of life safety to the occupants of the
building.
Section 7: That Chapter 22 "Civil Emergencies," Article III "Pre- Disaster
Management," Division 1 "Residential Board and Care Occupancy," Section 22 -102 "Permit" of
the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE- DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
5
Sec. 22 -102. Permit.
(a) Required. It shall be unlawful for any person to open, operate, advertise for or to hold
one's self out as, or conduct any business in a residential board and care facility
without a permit issued in accordance with this division. A new permit must be
obtained prior to occupancy, upon change of ownership, prior to reopening after a
closure of more than 30 days, upon receiving a new certificate of occupancy, and prior
to any increase in maximum permissible occupancy.
(b) Term. Any permit issued under this section shall expire on December 31" the year of
issue and must be renewed annually.
(c) Display. The permit required in subsection (a) of this section shall be displayed at all
times at or near the physical entrance to the residential board and care facility in such a
manner that it will be conspicuous to the residents and persons who enter the premises.
Section 8: That Chapter 22 "Civil Emergencies," Article III "Pre- Disaster
Management," Division 1 "Residential Board and Care Occupancy," Section 22 -103
"Application" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE- DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
Sec. 22 -103. Application.
(a) Submission. Applications for a permit, whether original or renewal, must be made to
the coordinator by the intended operator of the residential board and care facility.
Application forms shall be supplied by the coordinator.
(b) Contents. All applications shall include or be accompanied by the following at the time
of submission to the coordinator:
(1) A non - refundable fee as established in section 2 -595 of this code;
(2) The name, business address, and telephone number of the operator of the
residential board and care facility;
(3) The name and location of the residential board and care facility;
(4) Proof of a current certificate of occupancy from the city;
6
(5) The names, titles, email addresses, and telephone numbers of the following
persons associated with the residential board and care facility:
a. The person submitting the application;
b. The owner of the residential board and care facility, along with a
photocopy of their current, valid state issued driver's license or state
issued identification card;
C. The operator /manager of the residential board and care facility;
d. The principal contact for the applicant, owner, and operator; and
e. The 24 -hour emergency contact who can initiate appropriate actions in
response to an emergency;
(6) The maximum number of persons who may reside or may be housed overnight
for the purpose of residence, medical care, treatment, monitoring, custody,
general care, or assistance;
(7) The description of the services provided at the residential board and care
facility to persons residing or housed at the facility;
(8) An all- hazards emergency plan; and
(9) Any other information requested by the coordinator.
Section 9: That Chapter 22 "Civil Emergencies," Article III "Pre- Disaster
Management," Division 1 "Residential Board and Care Occupancy," Section 22 -105 "Permit
issuance; denial; revocation; late renewal; appeal" of the Code of Ordinances, Baytown, Texas,
is hereby amended to read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE- DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
Sec. 22 -105. Permit issuance; denial; revocation; late renewal; appeal.
(a) Issuance. Upon receipt of the required fee together with a completed application form
and after the approval of the site plans and satisfactory completion of site inspections,
the coordinator shall issue a residential board and care facility permit. This permit shall
include, but not be limited to, the name of the owner of the permitted facility, the name
and address of the permitted facility, along with its type and maximum permitted
occupancy.
(b) Late Renewal. If the permit holder submits a complete annual renewal application
between January 1 and January 14 of any year immediately after the expiration date of
its previous permit, the permit holder shall be assessed a late fee of $100.00 but shall
7
not be subject to criminal penalties as provided for in section 22 -107. However, permit
holders who fail to submit a complete annual renewal application on or before January
14 of any year shall be subject to the late fee and, upon conviction, criminal penalties
as provided for in section 22 -107.
(c) Transferability. A residential board and care facility permit issued under this division
cannot be transferred to another person.
(d) Change of information. If information provided in the application for Residential
Board and Care facility permit changes at any time during the term of the permit,
including a change of ownership of facility management, the permit holder must notify
the coordinator in writing within ten days of the change. No fee will be assessed for
any such change, unless the change requires a review and approval of the all- hazards
emergency plan in which case a non - refundable fee as established in section 2 -595 of
this code will be assessed.
(e) Notice of denial or revocation. If the coordinator determines that a residential board
and care facility permit is not compliant with city requirements and should not be
issued or renewed or that a permit should be revoked, s/he shall send to the applicant
or permit holder by certified mail, return receipt requested, or hand delivered with a
receipt from the occupancy management representative, written notice of the
determination setting forth the reason therefor and advising the applicant or permit
holder of the right to an appeal.
(f) Notice of appeal. The applicant or permit holder may appeal the decision to deny or
revoke a permit by filing with the city clerk a written request for a hearing, setting forth
the reasons for the appeal, within ten calendar days after receipt of the notice of the
decision to deny or revoke a residential board and care facility permit. If a request for an
appeal hearing is not made within the ten -day period, the determination of the emergency
management coordinator is final.
(g) Appeal. The appeal shall be heard by the city manager, who shall consider evidence
offered by any interested person. The formal rules of evidence shall not apply at such
hearing. The city manager shall make a decision on the basis of a fair preponderance of
the evidence presented and matters officially noticed at the hearing. The city manager
shall render a decision within 30 days after the appeal hearing. Such decision shall
affirm, reverse, or modify the determination of the coordinator, and the city manager's
decision is final.
Section 10: That Chapter 22 "Civil Emergencies," Article III "Pre- Disaster
Management," Division 1 "Residential Board and Care Occupancy," Section 22 -106 "Location
regulation" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE- DISASTER MANAGEMENT
8
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
Sec. 22 -106. Location regulation.
(a) New facilities. No new residential board and care facility shall be constructed, moved,
located, or opened for occupancy in a 100 -year floodplain or any floodway (tidal or
velocity zone).
(b) Existing facilities. No existing residential board and care facility located in a 100 -year
floodplain or any floodway (tidal or velocity zone) shall be permitted to increase the
size or footprint of that facility or to increase the number of occupants over that
initially permitted in accordance with section 22 -102.
Section 11: That Chapter 22 "Civil Emergencies," Article III "Pre- Disaster
Management," Division 1 "Residential Board and Care Occupancy," Section 22 -107 "Violations
and penalties" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 22. CIVIL EMERGENCIES
ARTICLE III. PRE- DISASTER MANAGEMENT
DIVISION 1. RESIDENTIAL BOARD AND CARE OCCUPANCY
Sec. 22 -107. Violations and penalties.
(a) Notice. If the emergency management coordinator finds that any of the provisions of
this article are being violated, the coordinator shall notify, in writing, the person
responsible for such violation, indicating the nature of the violation and ordering the
action necessary to correct it. The coordinator may order the discontinuance of the
illegal operation of a residential board and care facility and take action authorized by
this section to ensure compliance with, correction of existing violations or to prevent
violation of this article.
(b) Offense. A person who fails to comply with the provisions of this division or fails to
execute the approved all- hazards emergency plan as required therein shall, upon
conviction, be guilty of an offense, punishable as provided in section 1 -14 of this code.
(c) Penalty. A person who commits more than one offense of this division within a
consecutive 12 -month period, shall be subject, upon conviction, to the following:
(1) A fine not less than $200.00 for a second violation;
(2) A fine not less than $300.00 for a third violation; and
(3) A fine not less than $400.00 for each violation thereafter.
0
(d) Public nuisance. Violation of this article is hereby declared to be a public nuisance,
which may be abated by the coordinator by restraining order, preliminary and
permanent injunction, or other means provided by law.
(e) Public emergency. Violation of the requirement to have an approved emergency plan by
any residential board and care facility as set forth in this article shall constitute an
immediate hazard and threat to the life safety of the residents of any facility subject to
these requirements. The coordinator shall have the responsibility to seek an emergency
order for evacuation from a court of competent jurisdiction and order the facility
residents evacuated at the expense of the owner of that residential board and care facility.
Section 12: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
TWO THOUSAND AND NO /100 DOLLARS ($2,000.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 13: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 14: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 15: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of e City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative v e of the City Council of the
City of Baytown, this the 10th day of December, 2015.
APPROVED AS TO FORM:
>' . rare(',• s�'. %�f,,
�1•oa°ep �i
/r /� a
(SI pro
10 '4""
°
•4l'�� OF
DONCARLOS, Mayor
ACIO RAMIREZ, SR., City Atto y
WXaren•Files•.City Council '•Ordinances\2015'.December 10\NurkinpMorne Ordinance 2015 Revision I O.docx