AN ACT Relating to
transient accommodations licensing and inspections; amending RCW 70.62.200,
70.62.220, 70.62.240, 70.62.250, 70.62.260, 70.62.270, and 70.62.290; creating
a new section; repealing RCW 70.62.230; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 70.62.200 and 1971
ex.s. c 239 s 1 are each amended to read as follows:
The purpose of this
chapter is to provide for the development, establishment, and enforcement of
standards for the maintenance and operation of ((hotels and motels)) transient
accommodations through a licensing program to promote the protection of the
health and ((welfare)) safety of individuals using such
accommodations in this state.
Sec. 2. RCW 70.62.220 and 1987 c
75 s 9 are each amended to read as follows:
The person operating a
transient accommodation as defined in this chapter shall secure each year an
annual operating license and shall pay a fee ((therefor)) to cover
the cost of licensure and enforcement activities as established by the
department under RCW ((43.20B.110)) 43.70.110 and 43.70.250. The
((annual)) initial licensure period shall run ((from January
1st through December 31st of each year)) for one year from the date of
issuance, and the license shall be renewed annually on that date. The
license fee shall be paid to the department ((prior to the time the license
is issued and such)). The license shall be conspicuously displayed
in the lobby or office of the facility for which it is issued.
Sec. 3. RCW 70.62.240 and 1971
ex.s. c 239 s 5 are each amended to read as follows:
The board shall ((promulgate))
adopt such rules ((and regulations, to be effective no sooner than
February 1, 1972,)) as may be necessary to assure that each transient
accommodation will be operated and maintained in a manner consistent with the
health and ((welfare)) safety of the members of the public using
such facilities. Such rules ((and regulations)) shall provide for
adequate light, heat, ventilation, cleanliness, and sanitation and shall
include provisions to assure adequate maintenance. All rules ((and
regulations)) and amendments thereto shall be adopted in conformance with
the provisions of chapter 34.05 RCW.
Sec. 4. RCW 70.62.250 and 1971
ex.s. c 239 s 6 are each amended to read as follows:
The department is
hereby granted and shall have and exercise, in addition to the powers herein
granted, all the powers necessary and appropriate to carry out and execute the
purposes of this chapter, including but not limited to the power:
(1) To develop such
rules ((and regulations)) for proposed adoption by the board as may be
necessary to implement the purposes of this chapter;
(2) To enter and
inspect any transient accommodation at any reasonable time ((any
transient accommodation and)):
(a) Prior to initial
licensure;
(b) To conduct
annual verification surveys of at least ten percent of licensed facilities; and
(c) To make such
investigations as are reasonably necessary to carry out the provisions of this
chapter and any rules ((and regulations promulgated thereunder)) adopted
under this chapter: PROVIDED, That no room or suite shall be entered for
inspection unless said room or suite is not occupied by any patron or guest of
the transient accommodation at the time of entry;
(3) To develop and
use alternative survey methods which encourage the person operating a transient
accommodation to self-inspect and thereby comply with this chapter and rules
adopted under this chapter;
(4) To perform
such other duties and employ such personnel as may be necessary to carry out
the provisions of this chapter; and
(((4))) (5)
To administer and enforce the provisions of this chapter and the rules ((and
regulations promulgated thereunder)) adopted under this chapter by
the board.
NEW SECTION. Sec.
5. The 1994 amendments to
RCW 70.62.250, section 4, chapter . . ., Laws of 1994 (this act),
expire on June 30, 1997, unless specifically extended by the legislature by an
act of law. The department of health shall report to the legislature by
December 1, 1996, on the impact of these amendments on transient accommodation
licensees in the state of Washington.
Sec. 6. RCW 70.62.260 and 1971
ex.s. c 239 s 7 are each amended to read as follows:
No person shall operate
a transient accommodation as defined in this chapter without having a valid license
issued by the department. Applications for ((a license to operate)) a
transient accommodation license shall be filed with the department ((prior
to July 1, 1971, and one-half of the annual license fee shall be included with
the application)) sixty days or more before initiating business as a
transient accommodation. All licenses issued under the provisions of this
chapter shall expire ((on the first day of January next succeeding)) one
year from the effective date ((of issue)). All applications
for renewal of licenses shall be made ((not later than)) thirty days or
more prior to the date of expiration of the license. Each license shall be
issued only for the premises and persons named in the application.
Sec. 7. RCW 70.62.270 and 1971
ex.s. c 239 s 8 are each amended to read as follows:
(1) Licenses
issued under this chapter may be suspended or revoked upon the failure or
refusal of the person operating a transient accommodation to comply with the
provisions of this chapter, or of any rules ((and regulations)) adopted under
this chapter by the board ((hereunder)). All such proceedings shall
be governed by the provisions of chapter 34.05 RCW.
(2) In lieu of or in
addition to license suspension or revocation, the department may assess a civil
fine in accordance with RCW 43.70.095.
Sec. 8. RCW 70.62.290 and 1986 c
266 s 95 are each amended to read as follows:
Rules ((and
regulations)) establishing fire and life safety requirements, not inconsistent
with the provisions of this chapter, shall continue to be ((promulgated and
enforced)) adopted by the director of community, trade, and
economic development, through the director of fire protection.
NEW
SECTION. Sec. 9. RCW 70.62.230 and 1987 c
75 s 10, 1982 c 201 s 11, & 1971 ex.s. c 239 s 4 are each repealed.
