§ 28-466. Operating requirements.

(a)

Posting. The owner or operator of a boarding home facility shall prominently and conspicuously post for display in a public area of the boarding home facility that is readily available to residents and visitors:

(1)

The permit issued by the city under this article;

(2)

In a font of sufficient size to be easily read, the provisions of Section 102.003 of the Texas Human Resources Code; and

(3)

A phone number for the Texas Department of Family and Protective Services for reporting abuse, neglect and exploitation.

(b)

Employee statement. The operator of a boarding home facility permitted under this article shall require each employee of the boarding home facility, as a condition of employment with the boarding home facility, to sign a statement in a form acceptable to the director that the employee acknowledges that the employee may be criminally liable under Section 48.052, Texas Human Resources Code, for failure to report abuse, neglect, or exploitation of any resident. The operator of a boarding home facility shall provide copies of the statement for a new employee to the director within ten business days of hire.

(c)

Framed beds. The owner or operator of a boarding home facility shall provide a separate framed bed at least six feet long and three feet wide equipped with supportive springs and a clean supportive mattress 24 hours a day for each resident at the boarding home facility.

(d)

Records. The owner or operator of each boarding home facility shall maintain on the premises of the facility records sufficient to verify and substantiate all information provided under section 28-463 of this Code. In addition, the owner or operator of each boarding home shall maintain on the premises of the boarding home documentation showing:

(1)

Staffing and shift assignments for all employees;

(2)

The name of each resident, accompanied by personal identifier information, including date of birth and copy of driver's license or other acceptable state recognized means of identification;

(3)

Resident service agreements signed by each resident or the resident's legal representative detailing the services to be provided to the resident by the boarding home facility, and the cost of those services; and

(4)

Contact information for the resident's legal representative, if any.

The owner or operator shall maintain information relating to employees or residents required under this section for a period of at least five years after the employee or resident ceases to be employed by or reside at the boarding home, as applicable, and shall maintain all other information required under this section for as long as the boarding home is in operation and two years after it ceases to operate.

(e)

Report of death or criminal activity. The owner or operator of each boarding home facility shall immediately notify the Houston Police Department of any death or criminal activity that occurs on the premises of the boarding home facility.

(f)

Inspection reports. The owner or operator shall maintain on the premises a current file of inspection reports and other documentation needed to demonstrate compliance with applicable laws and regulations, including the Fire Code and the Construction Code. The inspection reports must be signed by the inspector, dated, and free of any outstanding issues that require corrective actions.

(g)

Safety or emergency precautions. The owner or operator of a boarding home shall:

(1)

Implement a written fire and evacuation plan for the facility that sets forth the responsibilities and steps to be taken by staff and residents in the event of a fire or other emergency and identifies two points of entry and egress. The owner or operator shall ensure that all staff and residents are shown how to use all emergency exits from the boarding home facility within 24 hours after arrival at the boarding home facility. The owner or operator shall maintain documentation of such training.

(2)

Post an emergency evacuation plan in a common area, such as the kitchen or living room.

(3)

Ensure that each employee receives training on the emergency evacuation plan at least two times per year and shall maintain documentation of such training.

(4)

Ensure that flammable supplies, gasoline-operated equipment, and compressed gas equipment are stored outside of the living area.

(5)

Provide a sufficient number of accessible fire extinguishers. The owner or operator shall ensure that a person licensed to inspect fire extinguishers inspects the fire extinguishers annually. The owner or operator shall ensure that the fire extinguishers are recharged when needed by a person licensed to inspect fire extinguishers.

(6)

Provide and maintain an operable smoke alarm and, if any gas utility is provided, a carbon monoxide detector in each sleeping area, kitchen, and laundry area. The owner or operator shall ensure that these devices remain in good working order. If a boarding home facility has a resident who is hearing-impaired, the owner or operator shall install and properly maintain a visual smoke alarm that is capable of alerting a hearing-impaired person of the presence of fire or smoke.

(7)

Ensure that properly and visibly labeled first aid supplies are readily accessible to all the residents and inform the residents of the location of the supplies.

(Ord. No. 2018-225 , § 2(Exh. A), 3-22-2018)