S-4845.1                   _______________________________________________

                                            SUBSTITUTE SENATE BILL 6405

                              _______________________________________________

State of Washington                              53rd Legislature                             1994 Regular Session

By Senate Committee on Health & Human Services (originally sponsored by Senator Talmadge; by request of Department of Health)

Read first time 02/04/94.

Modifying licensing and inspection of transient accommodations.

          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; repealing RCW 70.62.230; prescribing penalties; and providing a contingent expiration date.

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)) 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.

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