WSR 04-24-002

PERMANENT RULES

STATE BOARD OF HEALTH


[ Filed November 18, 2004, 8:07 a.m. , effective April 1, 2005 ]


Purpose: Chapter 246-360 WAC, Transient accommodations, outlines the minimum health and safety standards for the licensure and operations of transient accommodations in Washington state.

Citation of Existing Rules Affected by this Order: Amending all sections of chapter 246-360 WAC, Transient accommodations.

Statutory Authority for Adoption: Chapter 70.62 RCW.

Adopted under notice filed as WSR 04-16-101 on August 3, 2004.

Changes Other than Editing from Proposed to Adopted Version: Technical and clarifying changes were made which mitigate the impact of implementation for licensees.

A final cost-benefit analysis is available by contacting Yvette Fox, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-2928, fax (360) 236-2901, e-mail yvette.fox@doh.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 20, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 20, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 20, Repealed 0.

Date Adopted: September 8, 2004.

Craig McLaughlin

Acting Executive Director

OTS-6921.7


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-001   Purpose.   (1) This chapter ((implements chapter 70.62 RCW)) outlines the minimum public health and safety standards for the licensure and operations of transient accommodations in Washington state.

(2) This chapter applies to facilities offering three or more lodging units to guests for periods of less than ((one month, including but)) thirty days. These facilities include, but are not limited to:

(a) Hotels;

(b) Motels;

(c) Bed and breakfast establishments;

(d) Resorts;

(e) Rustic resorts;

(f) Inns;

(g) Condominiums;

(h) Apartments;

(i) Crisis shelters;

(j) Hostels; and

(k) Retreats.

(3) ((This chapter does not apply to:

(a) Overnight youth shelters regulated by chapter 388-160 WAC;

(b) Temporary-worker housing regulated by RCW 70.54.110 and chapter 246-358 WAC;

(c) Medical, psychological, drug/alcohol facilities, or related services otherwise regulated by Washington state law; or

(d) Transitional housing as defined in WAC 246-360-010.

(4) The requirements in WAC 246-360-001 through 246-360-500 are adopted by the board of health pursuant to RCW 70.62.240. WAC 246-360-990 is adopted by the department of health pursuant to RCW 43.70.110 and 43.70.250.)) RCW 70.62.240 requires the board to adopt rules to assure transient accommodations are operated and maintained in a manner consistent with the public's health and safety. RCW 43.70.110 requires the secretary to charge fees for licensure and RCW 43.70.250 requires the cost of business licensing programs to be fully borne by the licensees.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-001, filed 11/16/94, effective 12/17/94; 92-02-019 (Order 225B), 246-360-001, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-001, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-010, filed 5/17/89; Order 71, 248-144-010, filed 4/11/72.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-010   Definitions.   For the purpose of this chapter, the following words and phrases have the following meanings unless the context clearly indicates otherwise.

(1) (("Bathing fixture" means a shower, bathtub, or combination bathtub shower.)) "Approved" means a written statement of acceptability issued by a governmental agency or meeting nationally recognized testing standards.

(2) "Bathroom" means a room containing a bathing fixture.

(3) "Bed and breakfast" means a private home or inn offering lodging on a temporary basis to travelers. This type of facility may include food service in accordance with chapter 246-215 WAC.

(4) "Board" means the Washington state board of health established under chapter 43.20 RCW.

(((4))) (5) "Clean" means without visible or tangible soil or residue((s)).

(((5) "Compliance schedule" means a department-prepared document listing violations and a time schedule for the licensee to follow to correct the violations.))

(6) "Cleanable" means the material and finish is fabricated to permit complete removal of residue through normal cleaning methods.

(7) "Construction" means:

(a) A new building ((to be used)) intended for use as a transient accommodation or part of a transient accommodation;

(b) An addition, modification or alteration ((which)) that changes the functional use of an existing transient accommodation or portion of a transient accommodation; ((or))

(c) An existing building or portion thereof to be converted for use as a transient accommodation; or

(d) A modification requiring a building permit by a local authority having responsibility for enforcing state and local building codes or local ordinances.

(((7))) (8) "Crisis shelter" means a transient accommodation, at a permanent physical location, providing emergency or planned lodging services to a specific population, for ((example, homeless families or relatives of individuals receiving hospital treatment, for)) periods of less than ((one month at a permanent physical location)) thirty days. A crisis shelter may or may not be reimbursed for services in the form of rental fee or labor. ((Crisis shelters do not include shelters for victims of domestic violence regulated by the department of social and health services pursuant to chapter 70.123 RCW.

(8))) (9) "Department" means the Washington state department of health.

(((9))) (10) "Dormitory" means a lodging unit containing beds, cots, pads, or other furnishings intended for sleeping ((or use)) by a number of ((individuals)) guests.

(((10))) (11) "Exemption" means a written authorization ((from)) granted by the department ((which releases a licensee from meeting a specific requirement or requirements in this chapter)) under WAC 246-360-500.

(((11))) (12) "Guest" means any individual occupying, or registered to occupy, a lodging unit.

(((12))) (13) "Hostel" means a transient accommodation offering lodging and limited services, ((including lodging and)) that may include the use of a common kitchen, to guests on a daily or weekly basis in exchange for a rental fee, labor, or a combination of rental fee and labor.

(((13) "Imminent health hazard" means a condition or situation presenting a serious or life-threatening danger to a guest's health and safety.))

(14) "Laundry" means a central area or room with equipment intended to be used to clean and dry bedding, linen, towels, and other items, including such areas or rooms provided ((to)) for guests' use.

(15) "Licensee" means the person to whom the department issues the transient accommodation license.

(16) "Local health ((department)) jurisdiction" means the ((city, town,)) county or district ((which)) that provides public health services ((to individuals)) within the area ((according to the provisions of)) consistent with chapters 70.05 and 70.08 RCW.

(17) "Lodging unit" means ((one self-contained unit designated by number, letter, or other means of identification)) an individual room or group of interconnected rooms, intended for sleeping, that are for rent or use by a guest, and is individually designated by number, letter, or other means of identification. A lodging unit may or may not include areas for cooking and eating.

(18) "Person" means any individual, firm, partnership, corporation, company, association, organization, or joint stock association, and the legal successor thereof.

(19) "Retreat" means a transient accommodation intended to provide seclusion, meditation, contemplation, religious activities, training, or similar activities.

(20) "Rustic resort" means a rural transient accommodation lacking many modern conveniences. A rustic resort may operate seasonally.

(21) "Sanitary" means ((clean with a minimal presence of germs)) hygienic conditions that are conducive to good health.

(22) "Sanitize" means to treat a surface or object with a chemical or physical process, such as heat, to control or limit the presence of germs. For purposes of these regulations, "sanitize" and "disinfect" are equivalent.

(23) (("Self-contained unit" means an individual room or group of interconnected rooms intended for sleeping, which may or may not include areas for cooking and eating, for rent or use by a guest.

(24))) "Self-inspect" means the ((evaluation of)) licensee evaluates a transient accommodation ((by the licensee)) for compliance with specific requirements in this chapter.

(((25) "Toilet" means a fixture fitted with a seat and flushing device used to dispose of bodily waste.

(26))) (24) "Sink" means a properly trapped plumbing fixture, capable of holding water, with approved potable running hot and cold water under pressure.

(25) "State building code" means chapter 19.27 RCW and any codes adopted and any rules and regulations promulgated under chapter 19.27 RCW.

(26) "Survey" means the examination or inspection of a transient accommodation, conducted by the department to determine if minimal health and safety standards in chapter 246-360 WAC are being met. A survey may require one or more site visits and may be announced or unannounced. For purposes of these regulations, a survey and inspection are equivalent.

(27) "Surveyor" means a department employee who conducts a health and safety survey of transient accommodations. For purposes of these regulations, the terms surveyor and inspector are equivalent.

(28) "Transient accommodation" means any facility such as a hotel, motel, condominium, resort, or any other facility or place offering three or more lodging units to guests for periods of less than ((one month)) thirty days and may include food service operations in accordance with chapter 246-215 WAC.

(((27) "Transitional housing" means a program offering lodging for periods exceeding one month for the purpose of helping unemployed, homeless individuals to obtain employment and housing. Transitional housing is not a transient accommodation.

(28))) (29) "Utensil" means any food contact implement used in storing, preparing, transporting, dispensing, serving, or selling food or drink, excluding commercial vending and storage equipment.

(30) "Vector" means an animal that transmits a disease-producing organism from one host to another. For example, mosquitoes are vectors that transmit malaria.

(31) "Water closet" means a portable device or a fixture that has a hinged seat and flushing device used to dispose of body waste. This may include water filled, chemical or incineration toilets.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-010, filed 11/16/94, effective 12/17/94; 92-02-019 (Order 225B), 246-360-010, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-010, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-020, filed 5/17/89; Order 71, 248-144-020, filed 4/11/72.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-020   Licensure.   (1) A person ((shall)) must have a current license issued by the department before operating or advertising a transient accommodation. A license is effective for one year from date of issuance.

(2) An applicant for initial licensure ((shall)) must submit to the department, sixty days or more before commencing business, an application which shall include the following:

(a) A completed application on a form((s)) provided by the department;

(b) A completed self-inspection on a form((s)) provided by the department;

(c) The fee specified in WAC 246-360-990; ((and))

(d) A completed uniform business identifier number form provided by the department; and

(e) Other information as required by the department.

(3) A licensee ((shall)) must apply for license renewal annually ((at least thirty days)) on or before the expiration date of the current license by submitting to the department, by mail postmarked no later than midnight on the license expiration date, or by presenting to the department personally or electronically no later than 5:00 p.m. on the expiration date, a renewal application which shall include the following:

(a) A completed application on a form((s)) provided by the department;

(b) A completed self-inspection on a form((s)) provided by the department;

(c) The fee specified in WAC 246-360-990; ((and))

(d) A completed uniform business identifier number form, provided by the department; and

(e) Other information as required by the department.

(4) An applicant must pass, to the satisfaction of the department, an on-site survey prior to the department issuing an initial license or reinstating an invalid license.

(5) If the licensee fails to submit a complete renewal application meeting the requirements of subsection (3) of this section by the license expiration date, the license shall become invalid on the thirty-fifth day after the license expiration date unless:

(a) All deficiencies in the renewal have been corrected; and

(b) The applicable penalty or late fee as specified in WAC 246-360-990 has been received by the department, in each case prior to the thirty-fifth day following the expiration date. In the event the license becomes invalid, the transient accommodation is no longer authorized to operate.

(6) An invalid license may be reinstated upon reapplication for a license under subsections (2) and (4) of this section.

(7) At least ((thirty)) fifteen days prior to ((transferring)) a transfer of ownership or change in the Uniform Business Identifier number of a transient accommodation((:

(a))) the current licensee ((shall)) must submit to the department:

(((i))) (a) The full name and address of the current licensee and prospective ((owner)) licensee;

(((ii))) (b) The name and address of the currently licensed transient accommodation, and the name under which the transferred transient accommodation will operate;

(((iii))) (c) The date of the proposed change ((of ownership)); and

(((iv))) (d) Other information as required by the department((; and

(b))).

(8) At least fifteen days prior to a transfer of ownership or a change in the Uniform Business Identifier number of a transient accommodation, the prospective new ((owner shall)) licensee must apply for licensure by submitting to the department ((the items required by subsection (2) of this section.

(5))):

(a) A completed application on a form provided by the department;

(b) A completed self-inspection on a form provided by the department;

(c) The fee specified in WAC 246-360-990;

(d) A completed Uniform Business Identifier Number Form provided by the department; and

(e) Other information as required by the department.

(9) A licensee ((shall)) must notify the department when changing the number of lodging units or the name of the transient accommodation by submitting:

(a) A letter describing the intended change;

(b) The fee specified in WAC 246-360-990 for an amended license; and

(c) Other information as required by the department.

(((6))) (10) The licensee ((shall)) must notify the department prior to ((using new)) construction as defined in WAC 246-360-010(8) by submitting ((a letter describing)):

(a) A description of the construction;

(b) A description of how the construction will be used;

(c) A description of any changes in the functional use of existing construction; ((and))

(d) Documentation of approvals issued by local authorities having jurisdiction; and

(e) Other information as required by the department.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-020, filed 11/16/94, effective 12/17/94; 92-02-019 (Order 225B), 246-360-020, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-020, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 34.05 RCW and RCW 42.20.050. 90-06-049 (Order 040), 248-144-031, filed 3/2/90, effective 3/2/90. Statutory Authority: RCW 43.20.050. 89-11-058 (Order 328), 248-144-031, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-030   Responsibilities and rights -- Licensee ((and department)).   (1) The licensee ((shall)) must:

(a) Comply with the provisions of chapter 70.62 RCW, other applicable state and local agency regulations and this chapter;

(b) ((Comply with chapter 212-12 WAC, Fire marshal standards;

(c))) Conspicuously display ((a current transient accommodation)) the license in the ((transient accommodation's)) lobby or office of the transient accommodation for which it is issued;

(((d) Cooperate with the department during on-site surveys and investigations;

(e))) (c) Conduct self-inspections as ((requested)) directed by the department;

(((f) Respond to a statement of deficiencies by submitting to the department, according to the dates specified on the statement of deficiencies form:

(i) A written plan of correction for each deficiency stated in the report; and

(ii) A progress report of corrections;

(g))) (d) Submit a response to a statement of deficiencies to the department by the date specified. For the purposes of this section, a statement of deficiencies means a written notice of any violation of chapter 70.62 RCW or the rules adopted thereunder, that describes the reasons for noncompliance. Responses shall include:

(i) A written plan of correction for each deficiency stated in the report. For the purposes of this section, a plan of correction is a proposal devised by the licensee or applicant that includes specific actions that must be taken and a time frame to accomplish them. The plan of correction must meet the approval of the department. Implementation is required unless modification is agreed to by the department and is subject to verification by the department; and/or

(ii) A progress report of corrections, if required by the department. For the purposes of this section, a progress report means a document prepared by the licensee outlining the completion or ongoing status of efforts to correct deficiencies or violations cited in a survey. The licensee must send the progress report to the department as directed by the statement of deficiencies.

(e) Comply with a compliance schedule if ((issued by)) the department issues one. For the purposes of this section, a compliance schedule means a document listing violations and a time schedule for the licensee to follow in correcting violations. This schedule may be called a directed plan of correction (DPOC);

(((h))) (f) Adequately supervise employees ((to keep)) and transient accommodation premises to ensure the transient accommodation ((facility)) is:

(i) Clean, safe, and sanitary; and

(ii) In good repair((; and

(iii) Free from infestation by insects, rodents, and other pests));

(((i))) (g) Establish policies and procedures requiring employees to maintain good personal hygiene; ((and

(j))) (h) Consult with the department or local health department on any suspected imminent health hazard((.

(2)));

(i) Effective October 1, 2005, have a written basic emergency preparedness plan in the event of fire, power failure, transient accommodation problem, or natural or other disasters. Emergency response training must be conducted and documented annually or more often as needed.

(2) The licensee shall fully cooperate with the department in, and shall in no way impede, its administration and enforcement of the provisions of chapter 70.62 RCW and this chapter.

(3) An applicant or licensee may contest a department decision or action according to the provisions of RCW 43.70.115, chapter 34.05 RCW, and chapter 246-10 WAC.

(((3) The department shall:

(a) Conduct an on-site survey prior to issuing an initial transient accommodation license;

(b) Conduct an on-site survey prior to approving the following types of construction in a currently licensed transient accommodation:

(i) A new building;

(ii) An addition, modification or alteration which substantially changes functional use; or

(iii) The conversion of an existing building for use as part of the transient accommodation;

(c) Conduct unannounced on-site surveys and investigations at any time to determine compliance with chapter 70.62 RCW and this chapter;

(d) Issue or renew a license when the applicant or licensee and the facility meet the requirements in chapter 70.62 RCW and this chapter;

(e) Allow self-inspections to encourage compliance with chapter 70.62 RCW and this chapter;

(f) Comply with RCW 43.70.115, chapter 34.05 RCW and chapter 246-10 WAC when denying, suspending, modifying, or revoking a transient accommodation license; and

(g) Comply with RCW 43.70.095 when assessing civil fines.

(4) The department may deny, suspend, or revoke a transient accommodation license, or assess a civil fine, if the department finds the applicant, licensee, its agents, officers, directors, or any person with any interest therein:

(a) Knowingly or with reason to know, makes a misrepresentation of, false statement of, or fails to disclose, a material fact to the department:

(i) In an application for licensure or renewal of licensure;

(ii) In any matter under department investigation;

(iii) During an on-site survey; or

(iv) In a self-inspection;

(b) Obtains or attempts to obtain a license by fraudulent means or misrepresentation;

(c) Fails or refuses to comply with the requirements of chapter 70.62 RCW or this chapter;

(d) Compromises the health or safety of a guest;

(e) Conducts business or advertising in a misleading or fraudulent manner;

(f) Refuses to allow the department access to facilities or records, or fails to promptly produce for inspection any book, record, document or item requested by the department, or willfully interferes with an on-site survey or investigation;

(g) Fails to pay a fine within ten days after the assessment becomes final or as agreed to by the department and the licensee; or

(h) Operates with a suspended or revoked license.

(5) The department may summarily suspend a license if the department determines a deficiency is an imminent threat to public health, safety or welfare.))

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-030, filed 11/16/94, effective 12/17/94. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-030, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-041, filed 5/17/89.]


NEW SECTION
WAC 246-360-035   Authority of the department.   (1) The department shall:

(a) Conduct an on-site survey prior to issuing an initial transient accommodation license or reinstating an invalid license;

(b) Conduct announced or unannounced on-site surveys during routine business hours and conduct complaint investigations at any time of its choosing to determine compliance with chapter 70.62 RCW and this chapter;

(c) Issue or renew a license when the applicant or licensee and the transient accommodation meet the requirements in chapter 70.62 RCW and this chapter;

(d) Allow self-inspections to encourage compliance with chapter 70.62 RCW and this chapter;

(e) Comply with RCW 43.70.115, chapter 34.05 RCW, and chapter 246-10 WAC when denying, suspending, modifying, or revoking a transient accommodation license; and

(f) Comply with RCW 43.70.095 when assessing civil fines.

(2) The department may deny, suspend, or revoke a transient accommodation license if the department finds the applicant, licensee, its agents, officers, directors, or any person with any interest therein:

(a) Knowingly or with reason to know, makes a misrepresentation of, false statement of, or fails to disclose, a material fact to the department:

(i) In an application for licensure or renewal of licensure;

(ii) In any matter under department investigation, including in any plan of correction or other document required to be provided to the department;

(iii) During an on-site survey; or

(iv) In a self-inspection;

(b) Obtains or attempts to obtain a license by fraudulent means or misrepresentation;

(c) Fails or refuses to comply with the requirements of chapter 70.62 RCW or this chapter;

(d) Knowingly, or with reason to know, compromises the health or safety of a guest;

(e) Fails to pay a fine within thirty days after the assessment becomes final or as agreed to by the department and the licensee; or

(f) Operates with a suspended or revoked license.

(3) In addition to any other rights allowed under applicable law, the department may address violations by an applicant or a licensee of chapter 70.62 RCW or this chapter by:

(a) A plan of correction may be offered if the department determines that identified deficiencies are not major, broadly systemic, or of a recurring nature. Under this chapter, a "plan of correction" is a proposal devised by the applicant or licensee that includes specific corrective actions that must be taken to correct identified deficiencies and a time frame in which to complete them. The plan of correction must be approved. Implementation is required within the approved time frame, and is subject to verification by the department;

(b) A directed plan of correction may be offered if the department determines that identified deficiencies are broadly systemic, recurring, or of a significant threat to public health and safety. Under this chapter, a "directed plan of correction" is a plan of correction based on a statement of deficiencies, and includes specific corrective actions that must be taken and a time frame in which to complete them. Under this chapter, a "statement of deficiencies" is a survey or investigation report completed by the department identifying one or more deficiencies. The final content of the directed plan of correction will be reached during meetings between the department and the licensee, following an initial statement of general requirements by the department. Timelines will be reduced to the minimum necessary, even prior to formalization of the directed plan of correction, to redress problems; and/or

(c) Initiating administrative action, under chapter 34.05 RCW, RCW 43.70.115 and chapter 246-10 WAC, either as the department's primary alternative, or in the event the department requires corrective action under (a) or (b) of this subsection, and the applicant or licensee fails to correct identified deficiencies to the department's satisfaction within the approved time frame.

(4) 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.

(5) The department may summarily suspend a license if the department determines a deficiency is an imminent threat to public health, safety or welfare.

[]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-040   Water supply and temperature control.   The licensee ((shall)) must:

(1) ((Provide a water supply system conforming to state board of health standards for public water systems,)) Ensure that the water supply is from an approved source as specified in chapter((s)) 246-290 ((and)) or 246-291 WAC;

(2) ((Maintain the transient accommodation free of cross connections;)) Ensure that the plumbing inside the transient accommodation that provides potable water is free of any actual or potential cross connections with any systems that could be a source of nonpotable liquid, solid, or gas that could contaminate the potable water supply by backflow;

(3) Provide hot and cold water under adequate pressure ((readily available)) accessible to guests at all times when the lodging unit is rented;

(4) Provide sinks and bathing fixtures used by guests with hot water ((between 110 and 130 degrees Fahrenheit at all times;)) at 110 degrees plus or minus 10 degrees Fahrenheit accessible at all times when the lodging unit is rented; and

(5) ((When transient accommodation laundry is washed on site, maintain a minimum wash water temperature of:

(a) 130 degrees Fahrenheit; or

(b) 110 degrees Fahrenheit in combination with:

(i) An appropriate low temperature detergent and effective use of a chemical disinfectant; or

(ii) An industrial-type washing machine with multiple rinse cycles; and

(6))) Label nonpotable water supplies at all accessible connections and valves "unsafe for drinking or other domestic use."

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-040, filed 11/16/94, effective 12/17/94; 92-02-019 (Order 225B), 246-360-040, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-040, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-051, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-050   Sewage and liquid waste disposal.   The licensee ((shall ensure)) must provide documentation that demonstrates that sewage and liquid waste drain into:

(1) A municipal sewage system if available; or

(2) A sewage disposal system designed, constructed, and maintained in accordance with chapters 246-272, 246-272B, and 173-240 WAC and local ordinances.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-050, filed 11/16/94, effective 12/17/94; 92-02-019 (Order 225B), 246-360-050, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-050, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-061, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-070   Refuse and ((solid waste)) vectors.   The licensee ((shall)) must:

(1) Provide in each lodging unit one or more washable, leak-proof refuse containers of adequate size, kept in sanitary condition, or an equivalent container(s) with a leak-proof disposable liner((s, in each lodging unit));

(2) Collect refuse as necessary to maintain a clean, and sanitary environment in and around the ((facility)) transient accommodation;

(3) Collect refuse from lodging units:

(a) After each guest occupancy; and

(b) ((Twice a week when guests stay longer than three days;)) At least every three days or more often as necessary to maintain a clean and sanitary environment in each guest's room;

(4) Handle refuse in a safe, clean and sanitary manner;

(5) Store outside refuse in washable, leak-proof, and closed covered containers ((to prevent the entrance of insects, rodents, birds, or other pests or nuisances outside the lodging units)), bins or dumpsters until removed for disposal, no less often than every two weeks; ((and))

(6) Remove and dispose of refuse in a manner consistent with state and local sanitation codes and ordinances; and

(7) Take measures to control vectors including insects, rodents and other pests, in and around the transient accommodation.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-070, filed 11/16/94, effective 12/17/94. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-070, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-081, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-080   Construction and maintenance.   The licensee ((shall)) must:

(1) Ensure ((new construction)) all transient accommodations, including any construction, buildings, facilities, fixtures, furnishings and surroundings meet((s)) the requirements of:

(a) Chapter 70.62 RCW and this chapter;

(b) ((Chapter 19.27 RCW)) The state building code; ((and))

(c) All other applicable ((city)) municipal and county codes and ordinances((;)).

(2) ((Ensure)) Provide documentation of compliance with WAC 246-360-080 (1)(b) and (c) under the following conditions:

(a) For construction that is on-going or has been completed since the last survey; or

(b) For existing buildings, facilities and conditions that appear to pose an imminent hazard to life or property.

(3) Ensure that all buildings, facilities, fixtures, common areas such as exercise rooms, public bathrooms, kitchens, utility sinks and guest laundry rooms and furnishings are structurally sound, safe, clean ((and)), cleanable, sanitary((; and

(3) Take measures necessary to control insects, rodents and other pests in and around the facility)), and in good repair.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-080, filed 11/16/94, effective 12/17/94. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-080, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-091, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-090   Lodging units.   The licensee ((shall)) must provide lodging units with:

(1) ((At least fifty square feet of total floor area, not counting areas with a ceiling height lower than five feet, for each guest;)) An occupancy level not to exceed the number of persons accommodated by the beds present, based on their intended maximum usage; and

(2) Adequate space to ((allow easy movement between beds, cots, mats or mattresses;

(3) Three or more feet of clear vertical space between each bed or top bunk and the ceiling; and

(4) Cleanable floors and walls kept in good repair)) provide a clear path of egress from each bed, including any cot, crib, mat or mattress, to the exit of the sleeping room or unit in case of fire:

(a) An aisle at least thirty-six inches wide from one side of each bed that is part of the regular furnishings of the unit;

(b) An aisle at least eighteen inches wide from one side of each temporary bed, other than an infant's crib, that is no more than thirty-eight inches high, provided that the placement of the temporary bed does not obstruct the egress aisles required for other beds;

(c) An aisle at least twenty-eight inches wide from one side of each temporary infant's crib and each temporary bed above a height of thirty-eight inches, provided that the placement of the temporary bed does not obstruct the egress aisle required for other beds; and

(d) For purposes of this section, a temporary bed is any easily transported bed, cot, crib, mattress, pad or other furnishing intended for sleeping that is provided only at the request of a guest and is removed or stored when the guest departs.

(3) Floors, ceilings, doors, walls, carpet, windowsills, window tracks, electrical switches, locking mechanisms and receptacle plates kept clean, cleanable and in good repair;

(4) Wall and ceiling mounted lighting fixtures firmly secured and in good repair; and

(5) If a phone or other reliable communication device is provided for a lodging unit, it must be capable of allowing immediate communication and connection to police, fire department, paramedic, poison control, hazardous material team or other local emergency responder.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-090, filed 11/16/94, effective 12/17/94. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-090, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-101, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-100   Bathrooms, ((toilet rooms)) water closets, and handwashing sinks.   The licensee ((shall)) must:

(1) Provide adequate private or common-use bathrooms, ((toilet rooms)) water closets, and handwashing sinks to meet the needs of guests;

(2) Provide private and common-use bathrooms, ((toilet rooms)) water closets, and handwashing areas with cleanable floors, walls, ceilings, fixtures and furnishings;

(3) Provide an uncarpeted, easily cleanable area around each ((toilet)) water closet and adjacent to each bathing fixture;

(4) Maintain safe and properly working fixtures and drains;

(5) Provide slip-resistant surfaces or other devices in bathtubs and/or showers;

(6) Provide a means to maintain privacy for toileting and bathing;

(((6))) (7) Provide water flush ((toilets)) water closets unless the licensee has approval from the department and local health ((district)) jurisdiction for alternative devices;

(((7))) (8) Provide a handwashing sink or equivalent within, or adjacent to, each ((toilet)) water closet room;

(((8))) (9) Provide easy access to an acceptable single-use drying device from each common-use handwashing sink;

(((9))) (10) Provide toilet tissue conveniently located by each toilet;

(((10) For transient accommodations other than rustic resorts, provide soap for each handwashing and bathing fixture;

(11) For transient accommodations other than rustic resorts, provide)) (11) Provide soap for each handwashing and bathing fixture;

(12) Provide an adequate supply of clean towels, washcloths and floor mats:

(a) For guests upon arrival; and

(b) At least ((twice a week for guests who stay longer than three days)) weekly or at the request of the guest;

(((12))) (13) Assure clean towels, washcloths and floor mats ((stored)) kept in lodging units and common bathrooms are stored in a clean area off the floor; and

(((13))) (14) For lodging units that do not have water closets, and handwashing sinks, provide common-use bathrooms, ((toilet)) water closet rooms and handwashing sinks meeting the requirements of this section in a ratio of one bathing fixture, one ((toilet)) water closet and one handwashing sink for each fifteen or fewer guests ((without such fixtures in their lodging units)). A bathing fixture means a shower, bathtub or combination bathtub/shower.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-100, filed 11/16/94, effective 12/17/94. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-100, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-111, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-110   Lodging unit kitchens.   (1) A licensee offering kitchens in lodging units ((shall)) must provide each kitchen with:

(a) Cleanable and durable floors and walls in good repair. Effective April 1, 2007, lodging unit kitchens must be uncarpeted and covered with a cleanable floor covering;

(b) Ventilation according to the provisions of WAC 246-360-140;

(c) A sink, other than ((the)) a "handwashing sink," ((suitable for washing dishes)) and defined as a "kitchen sink" that shall be of a sufficient size to accommodate the largest utensil in the lodging unit;

(d) Hot running water according to the provisions of WAC 246-360-040;

(e) A refrigeration device that ((maintains)) is:

(i) Capable of maintaining food at a temperature of 45 degrees Fahrenheit or lower((;

(f) Cooking equipment acceptable to the state director of fire protection)); and

(ii) Kept in good repair and in sanitary condition;

(f) Permanently installed cooking equipment meeting nationally recognized testing standards and installed according to local building codes;

(g) A cleanable, nonabsorbent food storage area;

(h) A cleanable table, counter, and chairs, or equivalent; and

(i) A washable, leak-proof waste food container kept in sanitary condition or equivalent container with a disposable leak-proof liner.

(2) The licensee shall clean and sanitize food preparation areas, refrigerator and reusable utensils between each guest occupancy.

(3) A licensee providing utensils shall comply with the provisions of WAC 246-360-160(2).

(4) A licensee shall discard all opened or unused food items left in the units by previous guests.

(5) A licensee offering lodging units that are equipped with only a microwave and mini refrigerator is exempted from this section.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-110, filed 11/16/94, effective 12/17/94; 92-02-019 (Order 225B), 246-360-110, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-110, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-121, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-120   Heating and cooling.   (1) The licensee ((shall)) must provide a safe, adequate means of maintaining an ambient air temperature of at least 65 degrees Fahrenheit in each lodging unit.

(2) A licensee providing a cooling system ((shall)) must keep the system safe, clean, and in good working condition.

(3) All air filters must be cleaned or replaced regularly or as needed.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-120, filed 11/16/94, effective 12/17/94. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-120, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-131, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-130   Lighting.   The licensee ((shall)) must:

(1) Maintain light intensities adequate for safety ((and facility maintenance with minimum light intensities measured at a height of three feet above the floor, as follows:));

((Lodging Unit 10 Foot Candles
Toilet rooms, bathrooms and handwashing areas 20 Foot Candles
Lodging Unit Kitchen 20 Foot Candles
Laundry Room Work Areas 30 Foot Candles
Corridors, Stairways, and Entryways 5 Foot Candles
Elevators, Walkways 5 Foot Candles
Swimming Pools As required under chapter 246-260 WAC
Parking lots and exterior passages 5 Foot Candles measured three feet above the ground.))

(2) Upon request from a guest, provide additional light for tasks or general illumination; and

(3) Provide sufficient emergency lighting for guests to be able to exit the facility safely in the event of a power outage.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-130, filed 11/16/94, effective 12/17/94. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-130, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-141, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-140   Ventilation.   (1) The licensee ((shall)) must provide ventilation in all lodging units, kitchen areas, bathrooms, ((toilet)) water closet rooms, and laundry rooms.

(2) ((A licensee providing only natural ventilation:

(a) In lodging units shall provide operable windows, vents, or ducts opening directly to the out-of-doors; and

(b) In kitchen areas, bathrooms, toilet rooms and laundry rooms shall provide operable windows, operable skylights, or ceiling vents opening directly to the out-of-doors sufficient to allow five air exchanges per hour.

(3) A licensee providing mechanical ventilation systems shall assure the system provides:

(a) Two or more air exchanges per hour to each lodging unit and corridor;

(b) Five or more air exchanges per hour to kitchen areas, bathrooms, toilet rooms and laundry rooms; and

(c) Air circulation to and from the out-of-doors.)) All areas of the building must be ventilated to minimize odors and moisture. The ventilation system must be in compliance with the Washington Ventilation and Indoor Air Quality Code, chapter 51-13 WAC.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-140, filed 11/16/94, effective 12/17/94. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-140, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-151, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-150   Beds and bedding.   A licensee providing beds ((shall)) must:

(1) Provide clean, sanitary mattresses and bedding in good repair;

(2) Maintain durable, clean, and safe beds, cots, bunks, or other furniture for sleeping;

(3) ((Assure bunk beds, if used, have a clear vertical space of at least twenty-seven inches between the bottom bunk and top bunk;)) Ensure bunk beds have sufficient unobstructed vertical space so that an adult may sit up comfortably between the bottom and top bunk, or the top bunk and ceiling;

(4) Not provide, or allow the use of, triple bunk beds;

(5) Supply each bed, cot, or bunk with a clean mattress or cushioned pad, top and bottom sheet, mattress pad, pillow ((and)), pillowcase, and blankets unless the ((facility is:

(a) A rustic resort;

(b) A crisis shelter; or

(c) A hostel;

(6) Provide clean spreads, blankets and mattress pads as needed;

(7) Provide clean pillowcases and sheets:

(a) For guests upon arrival; and

(b) At least twice a week for guests staying longer than three days; and)) transient accommodation is a hostel.

(6) Ensure that blankets, bedspreads and mattress pads are cleaned regularly or more often when visibly soiled.

(7) Provide clean replacement pillowcases and sheets:

(a) For guests upon arrival; and

(b) At least weekly when occupied; or

(c) As requested by a guest.

(8) Ensure ((clean)) that bedding kept in the lodging unit((s)) is stored in a clean area off the floor.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-150, filed 11/16/94, effective 12/17/94. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-150, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-161, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-160   Food and beverage services.   (1) A licensee providing food service to guests ((shall)) must meet the requirements of:

(a) Chapter 246-215 WAC, Food service;

(b) Chapter 246-217 WAC, Food worker permits; and

(c) Local ordinances.

(2) A licensee providing cooking utensils and ice buckets for guests ((shall)) must:

(a) ((Dispose of, and replace, single-use utensils and ice buckets between guest occupancies;

(b) Clean and sanitize multiple-use utensils and ice buckets between guest occupancies:

(i) In lodging unit kitchens meeting the requirements in WAC 246-360-110; or

(ii) In a clean and sanitary area separate from bathrooms, toilet rooms and adjoining handwash sinks;

(c))) Ensure multiple-use ice buckets are clean and sanitary between guest occupancies;

(b) Wash, handle and store utensils ((and ice buckets)) in a safe and sanitary manner to protect from contamination; ((and

(d))) (c) Maintain reusable cooking utensils and ice buckets in good condition, free from cracks, chips and distortions caused by damage or excessive use; and

(d) If a lodging unit is equipped with a kitchen that meets the requirements in WAC 246-360-110, the licensee must clean and sanitize utensils and ice buckets in a clean and sanitary area separate from bathrooms, water closet rooms, and adjoining hand washing sinks.

(3) If ice is provided, the licensee ((shall)) must store and dispense ice in a sanitary manner((, including)) by:

(a) Cleaning and sanitizing ice machines at least twice a year or more often as needed or in accordance with the manufacturer's instructions; and

(b) Restricting guest access to unprotected bulk ice by:

(i) Providing self-dispensing ice machines or other "no contact" dispensing methods; or

(ii) Having employees dispense bulk ice to guests.

(4) The licensee ((shall)) must clean, maintain, and properly adjust the water flow in drinking fountains to ensure there is adequate pressure.

(5) Upon the department's request, the licensee must provide: A copy of the transient accommodations' current food service permit, and food handlers' permits issued by the local health jurisdiction.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-160, filed 11/16/94, effective 12/17/94; 92-02-019 (Order 225B), 246-360-160, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-160, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-171, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-180   Laundry.   The licensee ((shall)) must:

(1) Provide clean, sanitary bedding, linens, towels, washcloths, and other items intended for guest use by:

(a) ((Maintaining a laundry according to the provisions in this chapter; or

(b) Using a commercial laundry or other laundry meeting the requirements in WAC 246-360-040 and this section;

(2))) Using a commercial laundry service; or

(b) Washing and sanitizing laundry in accordance with the washer's manufacturer's recommendations and detergent and sanitizer instructions; and drying laundry in accordance with the dryer manufacturer's instructions when using a dryer.

(2) Ensure lint screens on on-site dryers are cleaned daily during normal operation or as needed.

(3) Store ((the)) clean and sanitized bedding, linens, towels, washcloths and other items in an area:

(a) Designated for clean items only;

(b) Off the floor;

(c) Protected from contamination; ((and))

(d) ((Without access by)) Inaccessible to guests, pets or other animals; and

(((3))) (e) Away from excessive moisture or humidity.

(4) Provide a means for handling, transporting, and separating soiled bedding, linens, towels, washcloths, and other items to prevent cross-contamination of clean items;

(5) Provide handwashing facilities that are readily accessible to employees as described in WAC 296-823-14030.

(6) Effective April 1, 2007, ensure that laundry room flooring is uncarpeted and covered with a cleanable floor covering.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-180, filed 11/16/94, effective 12/17/94; 92-02-019 (Order 225B), 246-360-180, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-180, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-191, filed 5/17/89.]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-200   Safety, chemical, and physical hazards.   The licensee ((shall)) must:

(1) Establish and follow policies and procedures for properly and safely storing ((and)), labeling, and using all hazardous chemical agents or any substance bearing a warning label, such as cleaners, solvents, disinfectants and insecticides to assure ((chemical agents)) they are:

(a) ((Inaccessible to guests other than small amounts of household cleaners stored in lodging unit kitchens;

(b))) Stored to prevent contamination of clothing, towels, washcloths, and bedding materials, and away from food items or anything intended for consumption; and

(((c))) (b) Used according to manufacturer's precautions and recommendations;

(2) Provide adequate and safe hand railing for all stairways, porches, and balconies((;

(3) Ensure gas and oil-fired space heaters and water heaters are vented to the out-of-doors; and

(4) Eliminate known physical hazards)) including appropriate spacing between slats;

(3) Eliminate all known environmental health and safety hazards in and around the transient accommodation, including hazards resulting from fire, natural or other disasters and chemical or biological contamination. The presence of any hazard must be fully eliminated prior to reoccupancy of any affected area or living unit. When a hazard is confirmed, approval from any and all appropriate local authorities is required prior to reoccupancy;

(4) Ensure all doors providing access to a lodging unit are equipped with a suitable locking security device in compliance with applicable building and fire codes; and

(5) If spas, pools and/or hot tubs are provided, have available for review a copy of a current water recreation facility permit issued by the local health jurisdiction.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-200, filed 11/16/94, effective 12/17/94. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as 246-360-200, filed 12/27/90, effective 1/31/91; 89-11-058 (Order 328), 248-144-211, filed 5/17/89.]


NEW SECTION
WAC 246-360-220   Fire safety.   The licensee must establish and maintain a fire-safe environment:

(1) Except as described in subsection (2) of this section, effective October 1, 2005, the licensee must establish and implement a written plan to ensure:

(a) Smoke detectors are installed and maintained in all sleeping rooms or sleeping areas. Nonrechargeable batteries in smoke detectors must be replaced each year or per manufacturer's instructions. Rechargeable batteries must be charged and maintained or replaced per the manufacturer's instructions.

(b) Fire extinguishers are inspected when initially placed in service and at approximately thirty-day intervals or at more frequent intervals when circumstances require. Fire extinguishers must be inspected manually or by electronic monitoring. Periodic inspection of fire extinguishers must include a check of at least the following items:

(i) Location in designated place;

(ii) No obstruction to access or visibility;

(iii) Operating instructions on nameplate, legible and facing outward;

(iv) Safety seals and tamper indicators not broken or missing;

(v) Fullness determined by weighing or "hefting";

(vi) Examination for obvious physical damage, corrosion, leakage, or clogged nozzle;

(vii) Pressure gauge reading or indicator in the operable range or position;

(viii) Condition of tires, wheels, carriage, hose, and nozzle checked (for wheeled units); and

(ix) Hazardous material identification system label in place.

(c) If a fire alarm system is installed:

(i) The system, including initiating devices and notification appliances, is regularly inspected, tested, and maintained by the owner or the owner's designated representative in accordance with the requirements of NFPA 72 and records of this inspection are maintained for review by the department during survey;

(ii) Unless otherwise recommended by the manufacturer, single and multiple station smoke alarms installed in one- and two-family dwellings must:

(A) Be replaced when they fail to respond to operability tests; and

(B) Must not remain in service longer than ten years from the date of manufacture.

(d) If an automatic fire suppression system is installed:

(i) The system must be inspected, tested and maintained in accordance with procedures established in NFPA 25; and

(ii) Valves designed to be open under normal system operation must be kept in open position and only closed with approval of the authority having jurisdiction.

(e) Obstructions, including storage, are not placed in the required means of egress, except projections allowed by the building code. Means of egress must not be obstructed in any manner and must remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. Exit doors must not be locked in the direction of egress unless a special egress control device is installed per the building code.

(2) In lieu of the requirements of subsection (1) of this section, the licensee may provide evidence satisfactory to the department of a current fire, life, and safety inspection conducted by the local fire jurisdiction.

(3) The licensee must ensure that gas, oil-fired, or other fuel-burning appliances including fireplaces, dryers, stoves and water heaters, are vented to the out-of-doors as specified in the manufacturer's instructions and current applicable state codes adopted by the state building code council.

(4) The licensee may not use extension cords in the lodging units unless prior written approval from the local fire jurisdiction is available for the surveyor's review.

(5) If candle holders and other open flame candles, lanterns or other open flame light sources and decorations are present:

(a) Candle holders and other open flame devices must be designed to return to the upright position after being tilted to an angle of forty-five degrees from vertical.

(b) Liquid or solid-fueled lighting devices containing more than eight ounces of fuel must:

(i) Self-extinguish and not leak fuel at a rate of more than one-quarter teaspoon per minute if tipped over.

(ii) Have a fully enclosed flame except as follows:

(A) Openings on the side must not be more than three-eights inch in diameter;

(B) Openings on the top and the distance to the top must be such that a piece of tissue paper placed on the top will not ignite in less than ten seconds; and

(C) Candelabras with flame lit candles must be securely fastened in place to prevent overturning and must be located away from the occupant using the area and away from possible contact with drapes, curtains, or other combustibles.

(6) Portable space heaters, which are prohibited unless prior written approval from the local fire authority has been obtained and made available for the surveyor's review.

[]


NEW SECTION
WAC 246-360-230   Rustic resorts.   (1) If the transient accommodation is a rustic resort, the licensee must ensure the transient accommodation meets the requirements of:

(a) The administrative regulations specified in:

(i) WAC 246-360-020 Licensure;

(ii) WAC 246-360-030 Responsibilities and rights -- Licensee and department;

(iii) WAC 246-360-500 Exemptions; and

(iv) WAC 246-360-990 Fees.

(b) The environmental regulations specified in:

(i) WAC 246-360-040 Water supply and temperature control;

(ii) WAC 246-360-050 Sewage and liquid waste disposal;

(iii) WAC 246-360-070 (1), (4), (5), (6) and (7) Refuse and vectors;

(iv) WAC 246-360-100 (1) through (10) and (14) Bathrooms, water closets, and handwashing sinks;

(c) The transient accommodation regulations specified in:

(i) WAC 246-360-080 Construction and maintenance; and

(ii) WAC 246-360-090 Lodging units;

(d) Safety related regulations specified in:

(i) WAC 246-360-200 Safety, chemical and physical hazards; and

(ii) WAC 246-360-220 Fire safety.

(2) If the licensee provides the amenities and services addressed in all or part of the following sections, the licensee must also meet the requirements as specified in the sections:

(a) WAC 246-360-100 (11), (12) and (13) Bathrooms, water closets, and handwashing sinks;

(b) WAC 246-360-110 Lodging unit kitchens;

(c) WAC 246-360-120 Heating and cooling;

(d) WAC 246-360-150 Beds and bedding;

(e) WAC 246-360-160 Food and beverage services;

(f) WAC 246-360-180 Laundry;

(g) WAC 246-360-130 Lighting; and

(h) WAC 246-360-140 Ventilation.

(3) If the licensee does not provide the services and amenities addressed in subsection (2) of this section, the licensee must adopt the decision as written policy and upon request must make the policy available to the surveyor.

(4) A licensee may not advertise as providing services that are not provided at the rustic resort.

[]


AMENDATORY SECTION(Amending WSR 94-23-077, filed 11/16/94, effective 12/17/94)

WAC 246-360-500   Exemptions.   (1) A licensee ((wishing to)) may request an exemption from a requirement in this chapter ((shall submit)) for part or all of a particular licensure period by submitting a written request to the department, including:

(a) ((A description of the requested exemption;

(b) Reason for the exemption; and

(c) Impact of the exemption on public health and safety.

(2) If the department determines the exemption will not jeopardize public health or safety, and is not contrary to the intent of chapter 70.62 RCW and this chapter, the department may:

(a) Exempt the licensee from meeting a specific requirement in this chapter; or

(b) Allow the licensee to use another method of meeting the requirement.

(3) The licensee shall retain a copy of each approved exemption in the transient accommodation.)) The specific section number or numbers of the rule for which exemption is requested;

(b) An explanation of the circumstances involved;

(c) A proposed alternative that meets the intent of the rule and ensures guest safety and health;

(d) Any supporting research or other documentation; and

(e) The time period for which an exemption is requested.

(2) The department will grant or deny exemption requests after the department has received an exemption request with complete relevant information from the licensee. After review and consideration, the exception may be granted if it will not:

(a) Negate the purpose and intent of these rules;

(b) Place the safety or health of the guests in the transient accommodation in jeopardy;

(c) Lessen any fire and life safety or infection control provision of this chapter or other codes or regulations; and

(d) Affect any structural integrity of the building.

(3) The department will document the exemption decision and will keep the decision as a part of the current transient accommodation file. The licensee must maintain the documented exemption decision on file in the transient accommodation.

[Statutory Authority: RCW 70.62.240. 94-23-077, 246-360-500, filed 11/16/94, effective 12/17/94.]

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