§ 13-8. Compliance with laws.

(a)

Upon acceptance of the childcare permit issued by the department, the permit holder, in order to retain the permit, shall:

(1)

Comply with the provisions of these rules including the adopted State of Texas' Minimum Standards for Childcare Centers and Childcare Homes;

(2)

Maintain a current state license for a childcare facility if the State of Texas requires the facility to have a license; however, failure to have a state license is a class B misdemeanor and shall not be an offense under this chapter but will be prosecuted by the proper authorities pursuant to state law;

(3)

Maintain a current valid city permit for a childcare facility;

(4)

Maintain compliance with other applicable city codes, including, but not limited to, the following:

a.

Chapter 18 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas - Food and Food Establishments; and

b.

Chapter 36 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas - Public Swimming Pools and Spas.

(b)

It is an affirmative defense to the requirement that the operator of the childcare facility comply with State of Texas Minimum Standards for Child-Care Centers and Child-Care Homes that the facility has a current written waiver or variance to the standard not complied with granted by the appropriate state agency.

(Ord. No. 8648, § 1, 6-1-06)