HomeMy Public PortalAboutOrdinance No. 1258-13 11-05-2013ORDINANCE NO. 1258-13
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING CHAPTER 18, BUSINESSES, OF THE CODE OF
ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS FOR THE
PURPOSE OF PROVIDING FOR A NEW ARTICLE IX, "REGULATION
OF BOARDING HOME FACILITIES", REQUIRING PERMITS AND
PAYMENT OF FEES, ADOPTING STANDARDS REGARDING
CONSTRUCTION AND REMODELING OF BOARDING HOMES;
SANITARY AND RELATED CONDITIONS; REQUIRING THE
REPORTING AND INVESTIGATION OF INJURIES, INCIDENTS, AND
UNUSUAL ACCIDENTS AND THE ESTABLISHMENT OF POLICIES
AND PROCEDURES TO ENSURE RESIDENT HEALTH AND SAFETY;
SETTING FORTH PROCEDURES FOR ASSISTANCE WITH
SELF-ADMINISTERING OF MEDICATION; REQUIRING IN-SERVICE
EDUCATION OF THE FACILITY'S STAFF, CRIMINAL HISTORY
RECORD CHECKS, ASSESSMENT AND PERIODIC MONITORING OF
RESIDENTS; PROVIDING FOR PENALTIES, REVOCATION OF
PERMIT, AND APPEALS PROCESS; PROVIDING FOR A REPEALER
AND SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 260 of the Texas Health and Safety Code provides for local
regulation of boarding home facilities by municipalities; and
WHEREAS, a boarding home facility is defined in Chapter 260 of the Texas Health
and Safety Code as an establishment that furnishes lodging to three or more persons with
disabilities or elderly persons who are unrelated to the owner of the establishment by
blood or marriage and provides community meals, light housework, meal preparation,
transportation, grocery shopping, money management, laundry services, or assistance
with self-administration of medication but does not provide personal care services, as
defined herein; and
WHEREAS, the Texas Health and Human Services Commission published model
standards for municipal regulation of boarding home facilities in the August 27, 2010
edition of the Texas Register; and
WHEREAS, Section 260.004 of the Health and Safety Code authorized a
municipality to adopt the standards promulgated by the Commission; and
WHEREAS, it has been the experience of the City of Richland Hills that
unregulated and unlicensed boarding home facilities for the disabled or elderly persons
may not provide adequately for the health and safety of the residents; and
WHEREAS, the City Council believes that the standards in this ordinance will
provide adequate standards to protect the health and safety of residents of boarding
home facilities, including ensuring that adequate life-safety measures are present in
boarding homes; and
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WHEREAS, the City Council acknowledges that if neighborhoods become
composed largely of boarding homes, that could adversely affect individuals with
disabilities and would be in consistent with the objective of integrating persons with
disabilities into the community in a residential setting; and
WHEREAS, residents residing in a boarding home facility are especially
vulnerable to abuse and exploitation, and therefore the City recognizes the need to
regulate businesses and persons providing boarding home facility services; and
WHEREAS, Chapter 260 of the Texas Health and Safety Code prohibits the City
from restricting boarding home facilities from residentially zoned areas if the boarding
home facility complies with the regulatory requirements established by the City; and
WHEREAS, the City of Richland Hills City Council has determined that the
regulation of boarding home facilities within the City is in the best interest of the public and
will promote the general health, safety, and welfare of the public;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS THAT:
SECTION 1.
Chapter 18 of the Code of Ordinances of the City of Richland Hills, Texas is hereby
amended by adding Article IX to read as follows:
ARTICLE IX.
REGULATION OF BOARDING HOME FACILITIES
Sec. 18-450. Purpose.
(a) The purpose of this Article is to implement the provisions of Chapter 260, Texas
Health and Safety Code, as amended, which allows the City to establish regulations for
the protection of the health and safety of persons residing in boarding home facilities. In
the event of a conflict, this Article must be construed so as to comply with Chapter 260,
Texas Health and Safety Code. It is the intent and purpose of the City to administer and
enforce this Article to ensure quality care and the protection of the health and safety of
boarding home facility residents by establishing standards, requiring permits and
requiring boarding home facilities operating within the City limits to comply with these
regulations.
(b) The City intends that this chapter fully comply with the Federal Fair Housing
Amendments Act of 1988 ("FHAA"), the Americans with Disabilities Act of 1990 ("ADA"),
and the Americans with Disabilities Amendments Act of 2008, and all other applicable
state and federal legislation. It is the express intent of the City that this chapter be
construed in a manner consistent with the FHAA, the ADA, and all other applicable state
and federal legislation at all times.
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Sec. 18-451. Scope.
This Article applies to all boarding home facilities within the City of Richland Hills.
This Article does not apply to:
1. Home and community support services licensed under Chapter 142 of the
Texas Health and Safety Code;
2. Convalescent and nursing homes and related institutions licensed under
Chapter 242 of the Texas Health and Safety Code;
3. Continuing care facilities licensed under Chapter 246 of the Texas Health
and Safety Code;
4. Assisted living facilities licensed under Chapter 247 of the Texas Health
and Safety Code;
5. A facility that provides personal care services only to persons 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 Section 247.004(4) of the Texas
Health and Safety Code.
6. Intermediate care facilities for the mentally retarded licensed under Chapter
252 of the Texas Health and Safety Code;
7. A person that provides home health, hospice, or personal assistance
services only to persons enrolled in a program funded wholly or partly by the
Texas Department of State Health Services (DSHS) or the Texas
Department of Aging and Disability Services (DADS) or their designated
local authorities in accordance with state standards;
8. An establishment conducted by or for the adherents of awell-recognized
church or religious denomination for the purpose of providing facilities for
the care or 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;
9. A retirement community;
10. A monastery or convent;
11. A child-care facility as defined by Section 42.002 of the Texas Human
Resources Code;
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12. Family violence shelter center as defined by Section 51.002 of the Texas
Human Resources Code;
13. A sorority or fraternity house or other dormitory associated with an
institution of higher education; or
14. A hotel as defined by Section 156.001, Texas Tax Code.
Sec. 18-452. Definitions.
(a) "Abuse, neglect and exploitation" is defined in the Texas Human Resource
Code Section 48.002 as the following:
"Abuse" means:
a. The negligent or willful infliction of injury, unreasonable confinement,
intimidation, or cruel punishment with resulting physical or emotional
harm or pain to an elderly or disabled person by the person's
caretaker, family member, or other individual who has an ongoing
relationship with the person; or
b. Sexual abuse of an elderly or disabled person, including any
involuntary or nonconsensual sexual conduct that would constitute
an offense under Section 21.08, Penal Code (indecent exposure) or
Chapter 22, Penal Code (assaultive offenses), committed by the
person's caretaker, family member, or other individual who has an
ongoing relationship with the person.
2. "Exploitation" means the illegal or improper act or process of a caretaker,
family member, or other individual who has an ongoing relationship with the
elderly or disabled person using the resources of an elderly or disabled
person for monetary or personal benefit, profit, or gain without the informed
consent of the elderly or disabled person.
3. "Neglect" means the failure to provide for one's self the goods or services,
including medical services, which are necessary to avoid physical or
emotional harm or pain or the failure of a caretaker to provide such goods or
services.
(b) "An injury, incident or unusual accident" is an event that resulted in a change
in the resident's physical or mental status that occurred in the boarding home facility or on
the grounds of the boarding home facility that requires intervention by a private or public
entity responsible for physical or mental health services, or an event that requires the
facility taking resident safety and protection measures including:
An allegation of abuse, neglect, or exploitation;
2. Death;
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3. A resident's absence from the facility when circumstances place the
resident's health, safety or welfare at risk;
4. Fire;
5. Criminal acts; and
6. Altercations between residents.
(c) "Assistance with self-administration of medication" means assisting a
resident by reminding the resident to take medication, opening and removing medications
from a container, placing medication in a resident's hand or in/on a clean surface such as
a pill cup or a medication reminder box and reminding the resident when a prescription
medication needs to be refilled.
(d) "Boarding home facility" means an establishment that:
1. Furnishes, in one or more buildings, lodging to three or more persons with
disabilities or elderly persons who are unrelated to the owner of the
establishment by blood or marriage; and
2. Provides community meals, light housework, meal preparation,
transportation, grocery shopping, money management, laundry services, or
assistance with self-administration of medication but does not provide
personal care services to those persons.
(e) "Elderly person" means a person who is 65 years of age or older.
(f) "Person with a disability" means a person with a mental, physical, or
developmental disability that substantially impairs the person's ability to provide
adequately for the person's care or protection and
1. Who is 18 years of age or older; or
2. Under 18 years of age and who has had the disabilities of minority removed.
(g) "Personal care services" means:
1. Assistance with meals, dressing, movement, bathing, or other personal
needs or maintenance;
2. The administration of medication by a person licensed to administer
medication or the assistance with or supervision of medication; or
3. General supervision or oversight of the physical and mental well-being of a
person who needs assistance to maintain a private and independent
residence in an assisted living facility or who needs assistance to manage
the person's personal life, regardless of whether a guardian has been
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appointed for the person.
(h) "Resident" means a person who is residing in a boarding home facility.
Sec. 18-453. Permit required and fee.
(a) After the effective date of this Article, no person shall operate a boarding home
facility, as defined in this Article, without first obtaining a permit from the City and paying
the established fee for such permit, as provided in subsection (b). The Office of the City
Secretary is the responsible department for issuance of a permit. A permit issued under
this Article shall authorize the permittee to engage in the operation of a boarding home
facility, provided that the permittee is in compliance with all other provisions of this Article.
(b) The fee for a permit to operate a boarding home facility is $100.00 per bedroom,
not to exceed $1000.00. Permit fees collected shall be used for the administration of the
City's permitting program, to include permitting, inspections, or purposes directly related
to providing boarding facility services or other assisted living facility services to elderly
persons or persons with disabilities.
(c) To obtain a permit to operate a boarding home facility, a person must submit an
application that contains, at a minimum, the following:
1. The name, address, and existing zoning classification of the boarding home
facility,
2. The name, address, email address, phone number, fax number, date of
birth, and driver's license number of the owner/operator of the boarding
home facility,
3. The name, address, email address, phone number, fax number, date of
birth, and driver's license number of the property owner, if not the property
owner the owner/operator,
4. The total number of buildings in the facility including square footage of each
building,
5. The maximum number of residents that will reside at the boarding home
facility,
6. The number of bedrooms at the boarding home facility,
7. The number of employees at the boarding home facility,
8. The names and contact information for each employee,
9. Approved background checks for each employee,
10. A description of the services that will be provided to the residents by the
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owner/operator and/or staff,
11. A statement regarding whether meals will be prepared by the
owner/operator and/or staff
12. Hours when residents will be supervised by the owner/operator and/or staff.
(d) As part of the boarding home facility operational permitting process, boarding
home facility owners/operators will be required to provide documentation of any
applicable building construction or remodeling permits issued after the effective date of
this Article.
(e) All permits received from the City must be prominently displayed in the boarding
home facility.
Sec. 18-454. Restrictions on number of residents, location, and number of
vehicles.
(a) After the effective date of this Article, a boarding home facility may not be
established within one-half mile of an existing boarding home facility.
(b) Except as otherwise provided by municipal ordinance, the residents of a boarding
home facility may not keep for the use of the residents of the facility, either on the
premises of the facility or on a public right-of-way adjacent to the facility, motor vehicles in
numbers that exceed the number of bedrooms in the boarding home facility.
Sec. 18-455. Inspections.
(a) A boarding home facility must pass all required inspections and the
owner/operator must keep a current file of reports and other documentation needed to
demonstrate compliance with applicable laws and regulations. The inspections must be
signed, dated, and free of any outstanding corrective actions. Proof that all required
inspections have been completed must be provided to the Office of the City Secretary
prior to the issuance of a permit. The following inspections are required:
1. Annual fire inspection by the local Fire Marshal, or his designee.
2. Annual boarding home inspection by the local Health Inspector.
3. Annual inspection of liquefied petroleum gas systems by an inspector
certified by the Texas Railroad Commission, if applicable.
(b) The City may conduct any inspection, survey, or investigation that it considers
necessary and may enter the premises of a boarding home facility at reasonable times to
make an inspection, survey, or investigation. The City is entitled to access to books,
records, and other documents maintained by or on behalf of a boarding home facility to
the extent necessary to enforce the standards and provisions of this Article.
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(c) Whenever a boarding home facility is inspected and a violation of this Article is
discovered, 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 to
determine that the violation has been eliminated. The fee for a reinspection under this
section is $100.00.
Sec. 18-456. Construction/remodeling.
(a) Each owner/operator of a boarding home facility must ensure the residents' health,
safety, comfort and protection through the following standards that address the
construction or remodeling of a boarding home facility, including plumbing, heating,
lighting, ventilation and other housing conditions.
(b) Each facility must meet the following applicable codes and regulations: local
zoning and building codes; state and local fire codes; state and local health and safety
codes; and federal and state accessibility regulations:
Mobile homes and manufactured homes shall not be permitted for use as
boarding home facilities or additions to existing boarding home facilities.
2. Interior doors to living spaces, bedrooms, bathrooms and toilet rooms must
fit the openings in which they are hung, be properly equipped with
hardware, and be maintained in good working condition. Doors with locking
devices must be provided where necessary to provide privacy and
protection of the resident.
a. Every closet door latch will be such that it can be readily opened from
the inside in case of an emergency.
b. Every bathroom door or door lock must permit the opening of the
locked door in case of an emergency.
3. Locks that can be easily opened manually from the inside must be provided
on all exterior doors.
4. Public pathways and stairways in buildings must maintain a minimum
unobstructed width concurrent with applicable fire codes and must be
provided with convenient light switches controlling an adequate lighting
system.
5. Boarding home facilities must be supplied with electric service and fixtures
that are properly installed and maintained in safe working condition and
connected to a source of electrical power.
6. Every boarding home facility must have heating and cooling equipment that
are properly installed, vented, and maintained in a safe, good working
condition. The temperature of rooms intended for human occupancy will
remain at a temperature between sixty-eight (68) and eighty-two (82)
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degrees Fahrenheit.
7. Every boarding home facility must have water heating facilities that are
properly installed, vented, in good working condition, and are properly
connected with hot and cold water lines. The temperature of water drawn at
every required sink, lavatory basin, bathtub or shower will remain at a
temperature between one hundred and ten (110) and one hundred and
twenty (120) degrees Fahrenheit.
8. Every habitable room must have at least one window that can be easily
opened, or such other device as will ventilate the room. All windows must be
capable of being opened without tools. The window opening must meet
local codes for emergency egress. The bottom of the window opening must
not be more than forty-four (44) inches above the floor.
9. Sleeping rooms must have:
a. At least seventy (70) square feet of floor space in single-occupancy
rooms;
b. At least sixty (60) square feet of floor space for each occupant in
multi- occupancy rooms;
c. Beds spaced at least three feet (3') apart when placed side by side or
end-to-end;
d. At least a seven feet, six inches (7'6") ceiling height;
e. Required accessibility for non-ambulatory residents and residents
with conditions that substantially limit ambulation and/or mobility;
Beds at least six feet (6') long and three feet (3') wide equipped with
supportive springs in good condition and a clean supportive mattress
in good condition, and a mattress cover that prevents bodily fluids
from soiling the mattress;
g. At least one pillow with a clean pillowcase, two (2) clean sheets, and
a cover such as a blanket or quilt, in good condition, per bed, cleaned
weekly or more often if soiled;
h. Extra bed linens, including sheets, pillowcase and blankets must be
available to each resident;
At least one (1) chest of drawers or equivalent, in good condition
having a sufficient number of drawers or other areas to contain all
necessary items of clothing and personal belongings of each
resident that can be locked/secured;
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At least one (1) chair in good condition in each sleeping room;
k. At least one (1) end table in good condition located adjacent to each
bed in each sleeping room;
Sufficient closet space to allow clothes not stored in drawers to be
hung. Clothing cannot be stored on the floor;
m. Bath towels, washcloths, soap, individual comb and toothbrush must
be available at all times and in quantity sufficient to meet the needs
of the residents; and
n. Access to emergency exit without passing through another sleeping
room.
10. All equipment, fixtures, furniture, and furnishings, including windows,
draperies, curtains, and carpets, must be kept clean and free of dust, dirt,
vermin, and other contaminants, and must be maintained in good order and
repair.
11. Water closets, lavatories, and bathtubs or showers must be:
a. Available on each floor when not provided in each individual room;
b. Provided in the ratio of one (1) toilet and one (1) lavatory, and one (1)
bathtub or shower for every six (6) residents, or fraction thereof; and
c. Accessible to the residents without going outside of the building or
without going through a sleeping room of another resident.
12. A telephone must be available, twenty-four (24) hours per day, must be
easily accessible, and must afford privacy for use by residents. A listing of
emergency telephone numbers, including the numbers of the local police,
fire department, ambulance, the office of the local governmental entity that
issued the boarding house permit, the Texas Department of Family and
Protective Services (DFPS), the Local Mental Health Authority, and the
Texas Information and Referral Network must be placed in plain view on or
next to the telephone and accessible to persons who are visually or hearing
impaired, as needed.
13. Each boarding home facility must provide:
a. A washer and dryer for every ten (10) residents, or fraction thereof
that is properly vented to the outside. Washer or dryer must be in a
utility room/ area that are not in the kitchen area.
b. A sitting/communal/recreational room for the common use of all
residents. Furniture must include comfortable chairs and tables, and
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lamps in good repair and appearance.
c. A dining room located on the same floor as the communal kitchen
and must:
i. Be as nearly adjacent to the communal kitchen as practicable;
ii. Be accessible to the residents, without going through a
sleeping room or sleeping dormitory of another resident;
iii. Contain not less than seventy (70) square feet of floor area;
and
iv. Be supplied with one (1) dining chair and two (2) linear feet of
dining table space for each resident of a boarding home
facility.
d. A kitchen that:
Is accessible to the residents sharing the use without going
through a sleeping room of another resident;
ii. Has a food preparation area with a total of not less than six (6)
square feet;
iii. Contains a minimum floor space of sixty (60) square feet for
dining area or, each kitchen with dining attached must be at
least one hundred (100) square feet;
iv. Has a minimum two (2) compartment sink for manual
dishwashing;
v. Has a cooking stove fueled by gas or electricity;
vi. Contains at least one (1) cabinet of adequate size, suitable for
storage of food and utensils; and
vii. Is properly equipped to allow for the preparation of meals.
14. Fire precautions must include:
a. Providing suitable fire escapes/exits that must be kept in good repair
and accessible at all times;
b. Having a written fire and evacuation plan that sets forth
responsibilities and steps to be taken by staff and residents in the
event of fire or other emergency;
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c. Posting an emergency evacuation plan throughout the facility; and
d. Not storing gasoline operated maintenance equipment, lawn care
equipment, and flammable supplies inside the boarding home
facility.
15. Fire precautions must also include the following:
a. At least one (1) all-purpose dry chemical fire extinguisher rated no
less than 2A:10B:C must be properly installed in each dwelling unit,
checked at least monthly by the owner/operator of the boarding
home facility, and must be inspected annually by a service provider
who is properly licensed by the State Fire Marshal to perform fire
extinguisher installation and maintenance.
b. All fire protection measures must be in accordance with
requirements of the local fire authority.
c. In new boarding home facilities or in existing dwellings newly
converted to boarding home facility use, functional hard-wired
smoke detectors shall be present in each bedroom, in corridors or
hallways on each floor, and in laundry and basement areas. Such
smoke detectors shall be powered by the building's electrical system
and inter-connected so that any active detector will activate all of the
detectors simultaneously, providing an audible alarm from each
detector.
d. If a boarding home facility has a resident who is hearing impaired, a
boarding home facility owner/operator must install a visual smoke
detector that is capable of alerting a person with a hearing
impairment of the presence of fire or smoke.
e. At least one functional carbon monoxide detector shall be installed in
each dwelling unit, and located near sleeping areas.
16. All residents must be shown how to use all emergency exits from the facility
within twenty-four (24) hours of arrival to the facility.
17. The boarding home facility and associated site must pass all required
inspections and the owner/operator must keep a current file of reports and
other documentation on-site needed to demonstrate compliance with
applicable laws and regulations. The inspections must be signed, dated,
and free of any outstanding corrective actions. The following inspections
are required:
a. Annual inspection by the local Fire Marshal, or his designee;
b. The fire alarm system shall be inspected annually by a service
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provider who is licensed by the State Fire Marshal to perform
installation and maintenance of fire alarm systems;
c. Annual health inspection by the local Health Inspector;
d. Gas pipe pressure test once every three (3) years by a licensed
plumber;
e. Annual inspection and maintenance of fire extinguishers by a service
provider who is licensed by the State Fire Marshal to perform these
duties; and
f. Annual inspection of liquefied petroleum gas systems by an
inspector certified by the Texas Railroad Commission, if applicable.
Sec. 18-457. Sanitary and related conditions.
(a) Each owner/operator of a boarding home facility must be responsible for
maintaining the dwelling and premises in a clean and sanitary condition.
(b) Every boarding home facility must be kept in good repair, and so maintained as to
promote the health, comfort, safety and well-being of residents.
1. Interior walls, ceilings and floors must be capable of affording privacy and
must be maintained free of holes, cracks, loose or deteriorated material, or
any other condition that constitutes a hazard to the residents or is a
harborage for insects, pests or vermin.
2. Every window, exterior door and basement hatchway must be weather
tight, watertight, insect and rodent-proof and must be kept in good working
condition.
3. The water supply must be of safe, sanitary quality, suitable for use, and
adequate in quantity and pressure. The water must be obtained from a
water supply system approved by the Texas Commission on Environmental
Quality (TCEQ).
4. Every plumbing fixture, water pipe and waste pipe must be properly
installed and maintained in good sanitary working condition, free from
defects, leaks and obstructions and properly connected to an approved
sewage disposal system.
5. Every boarding home facility utilizing well water must provide water
samples at least annually to the permit issuing entity. If the sample results
show coliform present, a resample must be taken within seven (7) days of
receipt of the results.
6. All garbage and refuse must be kept in watertight, covered containers. The
garbage and refuse area must be kept in a clean and sanitary condition. A
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sufficient number of garbage receptacles must be provided by the boarding
home facility. All garbage, trash and refuse must be removed from the
premises frequently to prevent nuisance and unsightly conditions.
7. Each owner/operator must be responsible for the extermination of any
insects, rodents or other pests in the rooms occupied by residents, storage
areas, attics or on the premises and yard.
8. Water closets, lavatories, and bathtubs or showers must be:
a. Kept clean and in good repair and must be well-lighted and
ventilated;
b. Adequately supplied with toilet paper, soap, and hand towels for
each bathroom; and
c. Supplied with non-slip surfaces in bathtub or shower, and curtains or
other safe enclosures for privacy.
9. Each kitchen in a boarding home must:
a. Be kept in a clean and sanitary condition;
b. Have a food preparation area with a surface area that is smooth,
impermeable, free of cracks and easily cleanable, that shall not be
used for eating; and
c. Have a refrigerator that is equipped with a thermometer and is
maintained in an operational, clean and sanitary condition that is
adequate to maintain foods at the required temperature.
10. Each facility shall meet all applicable state and local sanitary codes.
11. All linens and laundry shall be:
a. Bagged or placed in a hamper before being transported to the
laundry area;
b. Properly identified to prevent loss; and
c. If soiled, not transported through, sorted, processed, or stored in
kitchens, food preparation areas, or food storage areas.
12. Poisonous, toxic, and flammable materials shall:
a. Be stored and maintained away from bed linens, towels, or kitchen
equipment;
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b. Be prominently and distinctly labeled for easy identification of
contents; and
c. Not be used in a way that contaminates food equipment or utensils,
or in a way that constitutes a hazard to employees or residents.
13. After each usage, all eating and drinking utensils shall be thoroughly
washed and sanitized in hot water containing a suitable soap or synthetic
detergent and rinsed in clean hot water. In the event a mechanical
dishwasher is used, dish detergent is required.
14. All food and drink shall be:
a. Clean, free from spoilage, pathogenic organisms, toxic chemicals,
and other harmful substances;
b. Prepared, stored, handled, and served so as to be safe for human
consumption;
c. Maintained at a temperature of 41 degrees Fahrenheit or below for
foods subject to spoilage;
d. Maintained at 140 degrees Fahrenheit or above at all times for hot
foods ready to serve;
e. Maintained in the freezer at a temperature of 0 degrees Fahrenheit
or below for foods stored as frozen; and
f. Stored in food containers that are appropriately labeled, dated, and
protected from flies, insects, rodents, dust, and moisture.
15. Meals provided by the facility shall be nutritionally balanced and shall
provide the United States Department of Agriculture's (USDA's)
recommended daily allowances of vitamins, minerals and calories.
16. With the exception of service animals for persons with disabilities, birds,
cats, dogs or other animals are not permitted in areas in which food is
prepared, stored or where utensils are washed or stored.
17. Meals shall be served:
a. At least three (3) times per day;
b. In sufficient quantity and quality to meet the nutritional needs of the
residents;
c. Daily at regular hours, with at least one (1) hot meal per day;
d. With no more than fourteen (14) hours between the beginning of the
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evening meal and the beginning of the morning meal; and
e. With alternative selections for residents on medically prescribed
diets.
18. A time schedule of meals shall be posted daily.
19. Employees or residents engaged in food handling shall:
a. Observe sanitary methods, including hand washing as appropriate;
and
b. Not be assigned to preparing foods for others at the facility if carrying
a disease that can be transmitted to others.
20 Regardless of the number of residents, each boarding home facility shall
hold a valid food establishment permit issued by the applicable local or
state regulatory authority in the name of the owner/operator and for the
specific boarding home facility.
21. If preparing meals for residents, staff must have afood-handler's permit.
22. Each boarding home facility shall maintain a minimum food and water
supply sufficient for all residents as recommended by the American Red
Cross.
23. Each boarding home facility shall be equipped with a first aid kit as
recommended by the American Red Cross.
Sec. 18-458. Reporting and investigation of injuries, incidents, and unusual
accidents and the establishment of other policies and procedures to ensure
resident health and safety.
(a) Each owner/operator of a boarding home facility must develop and implement
policies and procedures for investigating and documenting injuries, incidents and unusual
accidents that involve residents. Owners/operators must also establish policies and
procedures necessary to ensure resident health and safety.
1. Minimum requirements for the documentation of injuries, incidents or
unusual accidents should include, but are not limited to:
a. Date and time the injury, incident or unusual accident occurred;
b. Description of the injury, incident or unusual accident;
c. Description of any medical or mental health treatment the resident
received;
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d. When the residents' legal guardian or legally authorized
representative was notified about the injury, incident or unusual
accident; and
e. Steps taken by the owner/operator to prevent future injuries,
incidents or unusual accidents if a problem at the boarding home
facility resulted in the injury, incident or unusual accident.
2. Residents, the resident's guardian, or legally authorized representatives
should be given access to all inspection records within forty-eight (48) hours
of requesting the records from the owner/operator.
(b) In addition to investigating and documenting injuries, incidents or unusual
accidents, an owner/operator must report any allegations of abuse, neglect or exploitation
of an adult age sixty-five (65) years or older or an adult with a disability to the Texas
Department of Family and Protective Services. Failure to report suspected abuse, neglect
or exploitation of an elderly adult or adult with a disability is a Class A misdemeanor.
(c) Each owner/operator shall:
Ensure that each resident has access to a telephone twenty-four (24) hours
per day that is easily accessible and affords privacy for use by residents.
2. Ensure that no resident is harassed, retaliated against, threatened or
intimidated at any time for making a report of abuse, neglect or exploitation.
3. Provide each resident with a copy of the definitions of abuse, neglect or
exploitation as outlined in Chapter 48 of the Human Resources Code.
4. Allow law enforcement personnel, emergency medical and fire personnel
access to the boarding home facility when these professionals are
responding to a call at the owner/operator's facility.
(d) A boarding home facility must have sufficient staff -either owner/operator of the
boarding home facility or employee - on-site at all times to promptly assist residents.
(e) No owner/operator or other employee of a boarding home facility shall provide
services or engage in behavior that constitutes a financial conflict of interest including but
not limited to:
Borrowing from or loaning money to residents;
2. Witnessing wills in which the owner/operator or employee is a beneficiary;
3. Co-mingling the resident's funds with the owner's/operator's or other
residents' funds; or
4. Becoming the guardian, conservator or power of attorney for a resident.
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(f) If an owner/operator becomes the representative payee for a resident or assists a
resident with general money management, the owner/operator shall:
1. Maintain separate financial records for each resident for which the
owner/operator is the representative payee for the entire period of time the
owner/operator is the resident's representative payee and continue to
maintain the resident's records for at least one (1) year after the last
calendar day the owner/operator is the resident's representative payee;
2. Include in the records an itemized list of expenditures that the
owner/operator has made on behalf of the resident, including the charges
that are assessed by the owner/operator;
3. Maintain receipts for all expenditures in addition to the itemized
documentation;
4. Develop a budget with the resident outlining routine expenditures and
ensure that expenditures that are not routine are discussed with the
resident before the resident's funds are expended; and
5. The owner/operator will allow the resident, the resident's guardian, or
legally authorized representative access to the resident's financial records
that are maintained by the owner/operator within 48 hours of receiving a
request.
(g) An owner/operator of a boarding home facility shall develop a written service
agreement with each resident and maintain a copy of the agreement signed by the
resident.
Sec. 18-459. Assistance with self-administration of medication.
(a) Assistance with self-administration of medication may be provided to adult
residents who can identify their medication and know when their medication should be
taken but require assistance with self-administration. Assistance with self-administration
of medication may not be provided to minors.
(b) Assistance with self-administration of medication is limited to:
1. Reminding the resident to take medication;
2. Opening a container, removing medication from a container, and placing
medication in a resident's hand or in/on a clean surface, such as a pill cup or
medication reminder box, for the resident's self-administration; and
3. Reminding the resident when a prescription needs to be refilled.
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(c) All residents' medication must be stored in a locked area. The boarding home
facility must provide a central locked storage or individual locked storage areas for each
resident's medication.
(d) If the boarding home facility uses a central medication storage area, a boarding
home facility employee must be available to provide access at all times and each
resident's medication must be stored separately from other residents' medications within
the storage area.
(e) If a resident's medication requires refrigeration, the boarding home facility must
provide a refrigerator with a designated and locked storage area or a refrigerator inside a
locked medication room.
(f) Medications labeled for "external use only" must be stored separately within the
locked area.
(g) Poisonous substances must be labeled, stored safely, and stored separately from
medications within a locked area.
(h) If a boarding home facility stores controlled drugs, the facility must adopt and
enforce a written policy for preventing the diversion of the controlled drugs.
(i) A boarding home facility must have staff -either owner/operator of the boarding
home facility or employee - on-site at all times to promptly assist residents with
self-administration of medication.
(j) Medication that remains in the boarding home facility after a resident is no longer
lodging in the facility must be properly disposed of by the owner/operator in accordance
with applicable legal requirements.
Sec. 18-460. Posting requirements.
The boarding home facility must prominently and conspicuously post the following
for display in a public area that is readily available to residents, the operator, employees,
and visitors:
The boarding home permit issued by the City;
2. A sign prescribed by the City specifying how ordinance violation complaints
may be registered with the City;
3. A notice in a form prescribed by the City 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
boarding home facility;
4. A concise summary of the most recent inspection report relating to the
boarding home facility; and
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5. A notice in a form prescribed by the City that lists the name, location, and
contact information for:
a. The closest local public health services agency in the proximity of the
boarding home facility; and
b. 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.
Sec. 18-461. Requirements for in-service education of facility's staff.
(a) Each owner/operator and employee is subject to the following initial training
requirements prior to contact with residents:
1. Employer rules and policies;
2. Recognizing and reporting abuse, neglect and exploitation;
3. Resident's rights, including all applicable rights from the following:
a. Texas Human Resource Code, Chapter 102, Rights of the Elderly;
b. Texas Human Resource Code, Chapter 112, Developmental
Disabilities;
c. Texas Property Code, Chapter 301, Fair Housing Practices; and
d. Texas Property Code, Chapter 92, Residential Tenancies.
4. Policies and procedures for contacting emergency personnel when the
assistance of the owner/operator, or on-site staff is insufficient to eliminate
the risk presented to a resident's health or safety;
5. Complaint process specific to the City and the boarding home facility;
6. Assistance with self-administration of medication;
7. Prevention of injuries, incidents and unusual accidents;
8. Emergency, evacuation and disaster plan; and
9. Service specific orientation that includes, but is not limited to:
a. Nutrition, including meal preparation and dietary needs;
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b. Sanitation;
c. Laundry; and
d. Housework.
(b) Each owner/operator and employee is also subject to the following on-going
training requirements:
1. Updates and changes in any policies and procedures within ten (10) days of
the owner, operator or employee becoming aware of the change;
2. Orientation specific to the needs of each new resident within one (1) day of
the resident moving into the facility; and
3. Orientation specific to the needs of a resident whose needs have changed
due to injury, illness, hospitalization or other circumstances which affect the
resident's needs within one (1) day of the owner, operator, or employee
becoming aware of the change.
Sec. 18-462. Criminal background history checks.
(a) A boarding home facility owner/operators permit to operate a boarding home may
be denied, revoked, suspended, or denied for renewal if the owner/operator has been
convicted of a criminal offense listed in this section, or if the owner/operator has in its
employ any person convicted of a criminal offense listed in this section.
(b) The owner/operator must complete any state or federal request and release forms
that are required to obtain a criminal history report for the owner/operator. The
owner/operator will provide funding to the appropriate agency in a manner specified by
the appropriate agency to cover any fees imposed by state or federal agencies for the
report.
(c) The following histories will disqualify an owner/operator from obtaining a permit to
operate a boarding home facility and will disqualify a person from being employed by a
boarding home facility:
1. An offense under Chapter 19, Penal Code (criminal homicide);
2. An offense under Chapter 20, Penal Code (kidnapping and unlawful
restraint);
3. An offense under Section 21.02, Penal Code (continuous sexual abuse of
young child or children), or Section 21.11, Penal Code (indecency with a
child);
4. An offense under Section 22.011, Penal Code (sexual assault);
5. An offense under Section 22.02, Penal Code (aggravated assault);
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6. An offense under Section 22.04, Penal Code (injury to a child, elderly
individual, or disabled individual);
7. An offense under Section 22.041, Penal Code (abandoning or endangering
child);
8. An offense under Section 22.08, Penal Code (aiding suicide);
9. An offense under Section 25.031, Penal Code (agreement to abduct from
custody);
10. An offense under Section 25.08, Penal Code (sale or purchase of a child);
11. An offense under Section 28.02, Penal Code (arson);
12. An offense under Section 29.02, Penal Code (robbery);
13. An offense under Section 29.03, Penal Code (aggravated robbery);
14. An offense under Section 21.08, Penal Code (indecent exposure);
15. An offense under Section 21.12, Penal Code (improper relationship
between educator and student);
16. An offense under Section 21.15, Penal Code (improper photography or
visual recording);
17. An offense under Section 22.05, Penal Code (deadly conduct);
18. An offense under Section 22.021, Penal Code (aggravated sexual assault);
19. An offense under Section 22.07, Penal Code (terroristic threat);
20. An offense under Section 33.021, Penal Code (online solicitation of a
minor);
21. An offense under Section 34.02, Penal Code (money laundering);
22. An offense under Section 35A.02, Penal Code (Medicaid fraud);
23. An offense under Section 42.09, Penal Code (cruelty to animals);
24. An offense under Section 30.02, Penal Code (burglary);
25. An offense under Chapter 31, Penal Code (theft), that is punishable as a
felony; or
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26. A conviction under the laws of another state, federal law, or the Uniform
Code of Military Justice for an offense containing elements that are
substantially similar to the elements of an offense listed in this subsection.
(d) A person may not own or operate a boarding home facility or be employed in a
position that involves direct contact with a resident in a boarding home facility before the
fifth (5th) anniversary of the date the person is convicted of any felony offense not listed in
this section or any of the following non-felony offenses:
An offense under Section 22.01, Penal Code (assault), that is punishable as
a Class A misdemeanor;
2. An offense under Section 32.45, Penal Code (misapplication of fiduciary
property or property of a financial institution), that is punishable as a Class A
misdemeanor;
3. An offense under Section 32.46, Penal Code (securing execution of a
document by deception), that is punishable as a Class A misdemeanor;
4. An offense under Section 37.12, Penal Code (false identification as peace
officer);
5. An offense under Section 42.01(a)(7), (8), or (9), Penal Code (disorderly
conduct); or 6. A conviction under the laws of another state, federal law, or
the Uniform Code of Military Justice for an offense containing elements that
are substantially similar to the elements of an offense listed in this
subsection.
(e) The owner/operator must ensure that all employees (or volunteers who are not
residents) who are hired or begin volunteering for the facility after the effective date of this
Article, have had a background check of conviction records, pending charges and
disciplinary board decisions completed no more than thirty (30) days prior to their date of
employment or date they began volunteering at the facility and is repeated annually
thereafter, and that the individual is not disqualified under the provisions of this section.
(f) The owner/operator must ensure that all existing employees or volunteers who are
working for or volunteering at the facility on the effective date of this Article shall have a
background check or conviction records, pending charges and disciplinary board
decisions completed within sixty (60) days after the effective date of this Article, and is
repeated annually thereafter, and that the individual is not disqualified under the
provisions of this section.
(g) The owner/operator or each boarding home facility shall submit an affidavit to the
City with its original application and annual renewal certifying that the owner has
performed criminal history background check on each owner/operator, employee and
volunteer, and that no owner/operator, employee or volunteer has been convicted of a
disqualifying criminal offense set forth in this section. The owner/operator will immediately
discharge any employee or volunteer whose criminal history check reveals conviction of a
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criminal offense that bars employment or volunteer service with the boarding home
facility. Further, if an owner/operator, employee, or volunteer is convicted of a
disqualifying criminal offense during the period that a permit is in effect; the
owner/operator must report such conviction to the City within ten (10) calendar days of
such conviction.
Sec. 18-463. Assessment and periodic monitoring of residents.
(a) Owners/operators of a boarding home facility or their designee will complete and
document an annual assessment and conduct periodic monitoring to ensure that a
resident is capable of self-administering medication and completing basic elements of
personal care as listed in this section. The assessment will be used as a tool to determine
if the needs of the resident can be addressed in a boarding home facility or if the resident
needs personal care services and/or medication administration that cannot be provided
by the boarding home facility.
(b) Elements of the self-administration of medication to be assessed by the boarding
home facility owner/operator or designee include the ability to perform each of the
following tasks with little assistance:
Identifying the name of the medication;
2. Providing a reason for the medication (the owner/operator cannot force the
resident to disclose a health condition that is the basis for the medication if
the resident refuses);
3. Distinguishing color or shape;
4. Preparing correct number of pills (dosage);
5. Confirming the time to take medication(s); and
6. Reading labels.
(c) Elements of personal care to be assessed by the boarding home facility
owner/operator include the residents' ability to:
Eat independently;
2. Bathe without assistance;
3. Dress without assistance; and
4. Move and transfer independently.
(d) As a result of an assessment, if an owner/operator finds that a resident is in a state
of possible self-neglect due to no longer being able to perform basic elements of personal
care as listed in this section and believes that a higher level of care is needed, the
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owner/operator is responsible for the following:
1. Contacting the Department of Family and Protective Services (DFPS) by
phoning the Statewide Intake Division at 1-800-252- 5400;
2. Notifying the resident's guardian or legally authorized representative; and
3. Contacting the appropriate health or human services authority to advise
that the resident requires services beyond what can be provided by the
boarding home facility
(e) A state of self-neglect does not exist if the resident receives outside professional
services that meet the resident's need for personal care or self-administration of
medication. In these cases, the resident can remain in the boarding home facility provided
that all needs for personal care and self-administration of medication are met.
Sec. 18-464. Required reports to the Health and Human Services Commission.
With the exception of the year this article is adopted, each year thereafter, prior to
September 30, the City Secretary shall submit a report to the Health and Human Services
Commission. The report shall contain the following information:
1. The total number of boarding home facilities permitted during the preceding
state fiscal year (September 1 -August 31);
2. The total number of boarding home facility applications denied permitting,
including a summary of cause for denial;
3. The total number of boarding home facility permits active on August 31 of
the preceding state fiscal year;
4. The total number of residents reported housed in each boarding home
facility reported;
5. The total number of inspections conducted at each boarding home facility
by the City;
6. The total number of permits revoked or suspended as a result of an
inspection; and
7. A summary of the outcome for the residents displaced by revocation or
suspension of a permit.
Sec. 18-465. Complaints.
All complaints related to a boarding home facility shalt be submitted in writing to the
Code Enforcement Officer on a form prescribed by the City. The Code Enforcement
Officer shall investigate each complaint to the extent he or she deems necessary. The
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Code Enforcement Officer shall report any violations to the City Secretary for further
action in accordance with this Article.
Sec. 18-466. Suspension, denial or revocation of permit.
The City Secretary shall issue a written notice of intent to suspend, deny or revoke
a boarding home facility permit if it is determined that an owner/operator has:
Violated or is not in compliance with any provision of this Article; or
2. Refused or failed to allow an inspection of the boarding home facility as
authorized by this Article.
Sec. 18-467. Denial, suspension and revocation procedures.
(a) If the City Secretary determines that facts exist for denial, suspension or
revocation of a permit under this Article, he/she shall notify the owner/operator
(respondent) in writing of the intent to deny, suspend or revoke the permit, including the
grounds therefor, by personal delivery, or by certified mail.
(b) The notification shall be directed to the owner/operator at the most current
business address of the boarding home facility on file with the City. Within five (5)
business days of receipt of such notice, the respondent may provide to the City Secretary,
in writing, a response that shall include a statement of reasons why the permit should not
be denied, suspended or revoked. Within ten (10) business days of the receipt of
respondent's written response, the City Secretary shall notify respondent in writing of the
hearing date on respondent's denial, suspension or revocation proceeding.
(c) Within fifteen (15) business days of the City Secretary's receipt of respondent's
written response, the City Manager shall conduct a hearing at which respondent shall
have the opportunity to be represented by counsel and present evidence and witnesses
on his or her behalf. If a response is not received by the City Secretary in the time stated
above or, if after the hearing, the City Manager finds that grounds as specified in this
Article exist for denial, suspension or revocation, then such denial, suspension, or
revocation shall become final five (5) business days after the hearing. The respondent
shall be provided written notice, by certified mail, that the denial, suspension, or
revocation has become final. Such notice shall include a statement advising the
respondent of the right to appeal such decision to a court of competent jurisdiction.
(d) If after a hearing, the City Manager finds that insufficient grounds exist for the
denial, suspension or revocation of a permit, then within five (5) business days after the
hearing, the City Manager shall withdraw the intent to deny, suspend or revoke the permit,
and shall so notify the respondent in writing of such action by certified mail and shall
contemporaneously issue the permit or allow the permit to remain in effect, as applicable.
(e) When a decision to deny, suspend, or revoke a permit becomes final, the
owner/operator whose application for a permit has been denied, or whose permit has
been suspended or revoked, shall have the immediate right to appeal such action to a
court of competent jurisdiction. Until the court of competent jurisdiction issues its final
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judgment, the decision to deny, suspends or revoke a permit shall remain in effect and be
enforced.
(f) A boarding home facility which is directly or indirectly a part of civil litigation, an
administrative hearing, or procedures regarding the denial, suspension or revocation of
the permit, such permit shall not be transferred, sold or given to another person during the
pendency of the judicial or administrative processes.
Sec. 18-468. Transfer of permit.
A person commits a violation if the person transfers a permit or permits to another
person the operation of a boarding home facility under the authority of a permit at any
place other than the address designated on the permit. A transfer of a permit is deemed to
have occurred if there is a transfer of ownership or control of the boarding home facility.
Sec. 18-469. Offenses and criminal penalties.
Any person who shall violate any provision of this Article shall be deemed guilty of
a misdemeanor and punished by a fine not less than one dollar ($1.00) and not exceeding
two thousand dollars ($2,000.00); and if such violation shall continue from day to day,
each day's violation shall constitute a separate offense.
Sec. 18-470. Notice of violation.
The City shall provide to the boarding home written notice of each alleged violation
of this Article. The notice may be sent by certified mail, return receipt requested, to the
owner/operator at the business address of the boarding home facility as it appears on its
permit application, to the attention of the permittee, as it appears on the permit
application, or may be personally delivered to the permittee. Failure of the City to provide
such notice is not a violation of this Article, and shall not affect or invalidate any
subsequent prosecution of a violation of this Article.
Sec. 18-471-478. Reserved.
SECTION 2.
SAVINGS CLAUSE
All provisions of any ordinance, resolution or other action of the City in conflict with
this Ordinance are hereby repealed to the extent they are in conflict. Any remaining
portions of said ordinances, resolutions or other actions shall remain in full force and
effect.
SECTION 3.
SEVERABILITY
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. The City Council hereby declares that it would have passed this Ordinance,
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and each section, subsection, sentences and clauses and phrases remaining should any
provision be declared unconstitutional or invalid.
SECTION 4.
REPEALER
Any other ordinance or parts of ordinances in conflict with this Ordinance are
hereby expressly repealed.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall become effective upon adoption and publication as required
by law.
PASSED AND APPROVED on this the ~ day of 2013.
HE HONOR BILL AGAN, MAYOR
ATTEST: \~~~~~u~iunw~i,,~~~
~~ ~
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.f- ' ~'=
_ : : ,c =
DA ANTU, CITY SECRETARY -`~ •= ~ ~ •~ ~
,;
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GG ~ ,.
EFFECTIVE DATE: 51~'~~- ".1 ~b~ ~ ~~,,~, '~•-~..~ • • ~~~~•
APPROVED AS TO FORM AND LEGALITY:
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