Chapter 10.40 TRANSIENT ACCOMMODATION LICENSING

The purpose of this chapter is to establish standards in monitoring the general maintenance and operation of transient accommodations within the exterior boundaries of the Tulalip Tribes Indian Reservation through a licensing program to promote the protection of the health and safety of individuals using such accommodations. Such rules shall provide for adequate light, heat, ventilation, cleanliness, and sanitation and shall include provisions to assure adequate maintenance. [Ord. 135 § 1.1, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.1, 8-7-2008 (Res. 2008-249)].

10.40.020 Scope.

This chapter shall provide for licensing and inspection of all transient accommodations within the exterior boundaries of the Tulalip Tribes Indian Reservation; regulation of design, construction, operation and maintenance of such establishments. [Ord. 135 § 1.2, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.2, 8-7-2008 (Res. 2008-249)].

10.40.030 Definitions.

The following terms whenever used or referred to in this chapter shall have the following respective meanings for the purposes of this chapter, except in those instances where the context clearly indicates otherwise:

(1) “Board” shall mean the Tulalip Tribes Board of Directors.

(2) “Community Development Department” shall mean the Tulalip Tribes Community Development Department charged with physical development of the Reservation, including land use planning, permitting, code compliance, and tax and licensing administration. The Community Development Department shall be hereinafter referred to as the CD Department.

(3) “Guest” means any individual occupying or registered to occupy a lodging unit.

(4) “Inspection” means the examination or inspection of a transient accommodation, conducted by the CD Department or its designee to determine if minimal health and safety standards in this chapter are met. A survey may require one or more site visits and may be announced or unannounced.

(5) “Inspector” means a CD Department employee or its designee who conducts a health and safety survey of transient accommodations.

(6) “License” means an authorization issued by the Tulalip Tribes under this code, through the Tax and Licensing Division, to engage in the business of owning and operating a transient accommodation facility. A license is personal to the licensee and is not transferable.

(7) “Licensee” means the person or entity to whom a license has been issued under this code.

(8) “Lodging unit” means any individual room or group of interconnected rooms, intended for sleeping, that are for short-term rent for use by one or more guests, 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.

(9) “Person” shall mean any individual, firm, partnership, corporation, company, association, joint stock association, or entity, and the legal successor thereof.

(10) “Sanitary” means hygienic conditions that are conducive to good health and meet all local Health Code standards.

(11) “Self-inspection” means the inspection performed by the licensee as required under this chapter.

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

(13) “Tax and Licensing Division” shall mean the Tulalip Tax and Licensing Division of the Tulalip Tribes under the Community Development Department. The Tax and Licensing Division shall be hereinafter referred to as the TLD.

(14) “Transient accommodation” shall mean any facility or place intended for commercial use by tourists, travelers, and guests offering three or more lodging units for rent for a period of less than 30 days; such facilities include hotels, motels, condominiums, resorts, inns, or any other lodging facility. [Ord. 135 § 1.3, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.3, 8-7-2008 (Res. 2008-249)].

10.40.040 Administration.

The provisions of this code shall be administered and enforced by the Tax and Licensing Division of the Tulalip Tribes, or by such other persons designated by the Tulalip Tribes Board of Directors. The TLD may promulgate regulations consistent with this chapter necessary for efficient administration and enforcement subject to approval by the Tulalip Tribes Board of Directors. [Ord. 135 § 1.4, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.4, 8-7-2008 (Res. 2008-249)].

10.40.050 License required.

It shall be unlawful for any person, partnership, corporation, association or other entity to conduct, manage, or operate for commercial purposes any transient accommodation as defined in this chapter within the boundaries of the Tulalip Reservation without first securing and maintaining an annual transient accommodation license issued by the TLD and paying a fee to cover the cost of licensure and enforcement activities as established by the CD Department and TLD. License fees shall be submitted to the TLD at the time of application. [Ord. 135 § 1.5, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.5, 8-7-2008 (Res. 2008-249)].

10.40.060 License – Applications.

(1) An applicant for initial licensure must submit to the Department, 20 days or more before commencing business, an application which shall include the following:

(a) Completed transient accommodation license application on a form provided by the Department;

(b) Completed self-inspection on a form provided by the Department;

(d) Proof of a current Tulalip Tribal Business License, current Federal Indian Trader’s License provided by the Department or the Bureau of Indian Affairs and any other applicable Tulalip licenses; and

(e) Other information as required by the Department.

(2) A licensee must apply for license renewal annually 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 no later than 4:00 p.m. on the expiration date, a renewal application which shall include the following:

(a) Completed transient accommodation license renewal application on a form provided by the Department;

(b) Completed self-inspection on a form provided by the Department;

(e) Other information as required by the Department.

(3) An applicant must pass, to the satisfaction of the Department, an on-site inspection prior to the Department issuing an initial license, renewal license, or reinstating an invalid license.

(4) If a licensee fails to submit a completed new or renewal application meeting the requirements of subsection (2) of this section by the license expiration date, the license shall become invalid unless:

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

(b) The applicable penalty or late fee as specified in TTC 10.40.080 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.

(5) The TLD must be notified at least 15 days prior to a change of trade or corporate name of their transient accommodation or other changes affecting the Tulalip Tribal Business License, Federal Indian Trader’s License, and transient accommodation license and the following submitted to the TLD by the current licensee:

(a) Full name and address of the current licensee and the name and physical address of the currently licensed transient accommodation;

(b) Name of the prospective licensee and the new name under which the transient accommodation wishes to operate;

(d) Other information as required by the Department.

(6) At least 15 days prior to a transfer of ownership or other change affecting the Tulalip Tribal Business License, Federal Indian Trader’s License, and transient accommodation, the prospective new licensee must apply for licensure by submitting to the Department all items as listed in subsection (1) of this section. [Ord. 135 § 1.6, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.6, 8-7-2008 (Res. 2008-249)].

10.40.070 Licensure.

Each license shall be issued only for the premises of the transient accommodation named in the application. Licenses shall be effective for the calendar year in which they are issued. Licenses shall be renewed annually and are not transferable. Licenses shall be conspicuously displayed in the lobby or main office of the transient accommodation for which they are issued. [Ord. 135 § 1.7, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.7, 8-7-2008 (Res. 2008-249)].

10.40.080 Fees.

All licensing fees are nonrefundable and are subject to change without notice. No portion of the license fee shall be prorated.

(1)(a) Licensee must submit with their application an annual fee according to the following schedule:

Number of Lodging Units	Fee
3 – 10	$165.00
11 – 49	$330.00
50 and over	$660.00

(b) If the license renewal fee is not received by the Department on the expiration date, a late fee of $60.00 after expiration of license. After 15 days of expiration, an additional $10.00 per day will be assessed, in addition to the full license renewal fee.

(c) An additional fee of $30.00 for an amended license due to changing the number of lodging units or the name of the transient accommodation.

(d) A fee of $10.00 for changes to the trade name of the transient accommodation.

(e) Upon the loss or destruction of license, an application and fee of $10.00 must be immediately completed and submitted to the TLD.

(2) Refunding of Fees.

(a) Upon denial or withdrawal of an application for license the fee tendered therewith shall be returned.

(b) When a license is suspended or canceled, or the licensed business is discontinued, no refund of the license fee shall be made. [Ord. 135 § 1.8, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.8, 8-7-2008 (Res. 2008-249)].

10.40.090 Responsibilities of licensee – General.

Licensee shall fully cooperate with the Department in, and shall in no way impede its administration and enforcement of, the provisions of this chapter and supplemental regulations (TTC 10.40.180 through 10.40.330). Furthermore, licensee must:

(1) Comply with the provisions of this chapter, regulations, Tribal law, and applicable Quil Ceda Village and/or TTC Title 13 and any regulations promulgated thereunder;

(2) Conduct self-inspections as directed by the Department;

(3) 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 this chapter, or other applicable Tribal law or regulation, or the rules adopted hereunder, that describes the reasons for noncompliance. Responses shall include:

(a) 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

(b) 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;

(4) Comply with a directed Plan of Correction (DPOC) if required;

(5) Adequately supervise employees and transient accommodation premises to ensure the transient accommodation is:

(a) Clean, safe, and sanitary; and

(b) In good repair;

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

(7) Consult with the Department or local Health Department on any suspected imminent health hazard;

(8) 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;

(9) Notify the TLD in writing and receive written approval prior to altering or changing the physical location, layout, or structure of the licensed premises, including changing the number of lodging units and/or the numbering system for said units by submitting:

(a) A letter describing the intended change;

(b) The fee specified in TTC 10.40.080 for an amended license; and

(10) The licensee must provide documentation of permit requirements under ordinance;

(11) The licensee must notify the Department of transfer of ownership and provide the Department with the name and contract information of the prospective owner. [Ord. 135 § 1.9, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.9, 8-7-2008 (Res. 2008-249)].

10.40.100 Responsibilities of the TLD.

The TLD shall exercise all powers necessary and appropriate to administer and enforce the provisions of this chapter and the rules and regulations promulgated hereunder by the Board. Responsibilities of the TLD include, but are not limited to:

(1) Review new and renewal transient accommodation license applications and issue a license when the applicant or licensee and the transient accommodation meet the requirements in this chapter;

(2) To enter and inspect at any reasonable time, announced or unannounced, any transient accommodation and to make such investigations as are reasonably necessary to carry out the provisions of this chapter and any rules and regulations promulgated hereunder; 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) Comply with this chapter when denying, suspending, modifying, or revoking a transient accommodation license and comply with this chapter when assessing civil fines;

(4) Allow self-inspections to encourage compliance with this chapter;

(5) In the absence of an imminent health and safety hazard for which immediate corrective action shall be taken, send notice to the operator and manager detailing a directed plan of corrective (DPOC) action required and the time frame within which the corrective action shall be taken.

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 DPOC 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 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.

(6) To perform such other duties and employ such personnel as may be necessary to carry out the provisions of this chapter. [Ord. 135 § 1.10, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.10, 8-7-2008 (Res. 2008-249)].

10.40.110 Exemptions.

(1) A licensee may request an exemption from a requirement in this chapter for part or all of a particular licensure period by submitting a written request to the Department, including:

(a) The specific section number or numbers of the rule for which exemption is requested;

(b) An explanation of the circumstances involved;

(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;

(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 at the transient accommodation. [Ord. 135 § 1.11, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.11, 8-7-2008 (Res. 2008-249)].

10.40.120 Enforcement.

The following shall constitute violations of this chapter subjecting the applicant or licensee to license suspension, revocation, and fines:

(1) Suspension and Revocation. 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) Obtains or attempts to obtain a license by fraudulent means or misrepresentation; or knowingly, or with reason to know, makes a misrepresentation of, false statement of, or fails to disclose a material fact to the Department via:

(i) Application for licensure;

(ii) In any matter under Department investigation, including a 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) The Department may summarily suspend a license if the Department determines a deficiency in an imminent threat to public health, safety, or welfare;

(d) Fails to obtain or renew other applicable licenses required under Tribal law or other applicable laws;

(e) Fails to adhere to a DPOC if required by the Department.

(2) Fines. In lieu of or in addition to license suspension or revocation, the Department may assess a civil fine in accordance with this chapter. The fine for failing to adhere to any requirement or provision under this chapter shall be $25.00 for each day of noncompliance. [Ord. 135 § 1.12, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.12, 8-7-2008 (Res. 2008-249)].

10.40.130 Appeals.

Any person aggrieved by the action of the Department in the denial of an application for a transient accommodation license or in the decision to revoke or suspend a license as provided in this chapter shall have the right to appeal to Tribal Court. Such appeal shall be commenced by filing with the Tribal Court and serving on the Department, within 20 calendar days after receipt of the notice of the action taken, a written statement setting forth fully the grounds for appeal. If no appeal is filed within the mandatory time frame, the action of the Department shall be final. Where an appeal is timely filed, the Tribal Court shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for in civil infraction hearings. The decision and order of the Tribal Court on such appeal shall be final and conclusive. Hearings shall be held within 21 days of the day the request is received by the Tribal Court. [Ord. 135 § 1.13, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.13, 8-7-2008 (Res. 2008-249)].

10.40.140 Civil infractions.

The TLD, CD Department, or any Tulalip Tribal employee authorized to enforce this chapter may issue a transient accommodation or individual found to be in violation of this chapter a Notice of Infraction in accordance with the civil infraction procedures contained in Chapter 3.70 TTC, Civil Infractions. The procedures for notice and appeal contained in Chapter 3.70 TTC shall apply to civil infraction enforcement under this chapter. [Ord. 135 § 1.14, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.14, 8-7-2008 (Res. 2008-249)].

10.40.150 Amendments.

Any revisions, amendments, repeals, or additions of applicable laws referenced in this chapter shall automatically be incorporated under this chapter and shall be deemed to automatically amend this chapter in conformity therewith and it shall not be necessary for the legislative authority of the Tulalip Tribes to take any action with regard to such revision, amendment, repeal or addition. [Ord. 135 § 1.15, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.15, 8-7-2008 (Res. 2008-249)].

10.40.160 Severability.

If any section or any portion of this chapter is found to be unconstitutional, the finding shall be to the individual section or portion of section specifically found to be unconstitutional and the balance of the act shall remain in full force and effect. [Ord. 135 § 1.16, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.16, 8-7-2008 (Res. 2008-249)].

10.40.170 Sovereign immunity – Jurisdiction.

Nothing in this chapter shall be construed as a waiver of sovereign immunity of the Tulalip Tribes or shall be construed a grant of jurisdiction over a transient accommodation to the State of Washington or a political subdivision thereof. [Ord. 135 § 1.17, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.17, 8-7-2008 (Res. 2008-249)].

10.40.180 Regulations – Water supply and temperature control.

The licensee must:

(1) Ensure that the water supply is in compliance with the requirements of the Quil Ceda Village and/or Tulalip Utility Department or other applicable Tribal law;

(2) 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 accessible to guests at all times when the lodging unit is rented;

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

(5) Label nonpotable water supplies at all accessible connections and valves “unsafe for drinking or other domestic use.” [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.190 Regulations – Sewage and waste disposal.

The licensee must provide documentation that demonstrates that sewage and liquid waste drain into:

(1) The on-site sewage treatment and disposal system; or

(2) A sewage disposal system designed, constructed, and maintained in accordance and in compliance with the requirements of the Quil Ceda Village and/or Tulalip Utility Department or other applicable Tribal law. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.200 Regulations – Refuse and vectors.

The licensee 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;

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

(3) Collect refuse from lodging units:

(a) After each guest occupancy; and

(b) 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, bins or dumpsters until removed for disposal, no less often than every two weeks;

(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. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.210 Regulations – Construction and maintenance.

The licensee must:

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

(a) This chapter;

(b) International Building Code;

(d) Uniform Building Code;

(e) Uniform Plumbing Code;

(f) Washington State Energy Code;

(g) International Fuel Gas Code;

(h) Other applicable Tribal and local laws;

(2) Provide documentation of compliance with subsections (1)(a), (b) and (c) of this section under the following conditions:

(a) For construction that is ongoing 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, cleanable, sanitary, and in good repair. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.220 Regulations – Lodging units.

The licensee must provide lodging units with:

(1) 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 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 36 inches wide from one side of each bed that is part of the regular furnishings of the unit;

(b) An aisle at least 18 inches wide from one side of each temporary bed, other than an infant’s crib, that is no more than 38 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 28 inches wide from one side of each temporary infant’s crib and each temporary bed above a height of 38 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. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.230 Regulations – Bathrooms, water closets, and handwashing.

The licensee must:

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

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

(3) Provide an uncarpeted, easily cleanable area around each 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;

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

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

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

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

(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 weekly or at the request of the guest;

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

(14) For lodging units that do not have water closets, and handwashing sinks, provide common-use bathrooms, water closet rooms and handwashing sinks meeting the requirements of this section in a ratio of one bathing fixture, one water closet and one handwashing sink for each 15 or fewer guests. A “bathing fixture” means a shower, bathtub or combination bathtub/shower. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.240 Regulations – Lodging unit kitchens.

(1) A licensee offering kitchens in lodging units must provide each kitchen with:

(a) Cleanable and durable floors and walls in good repair. Lodging unit kitchens must be uncarpeted and covered with a cleanable floor covering;

(b) Ventilation shall comply with ventilation provisions under the FDA Food Code as incorporated under Chapter 11.20 TTC and the requirements of the Washington Ventilation and Indoor Air Quality Code;

(c) A sink, other than a “handwashing sink,” 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 Quil Ceda Village Ordinance 13.01.1, Article V or other applicable law and/or TTC Title 13, Utilities;

(e) A refrigeration and/or microwave device that is:

(i) Capable of maintaining food at a temperature of 45 degrees Fahrenheit or lower; 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 FDA Food Code provisions as incorporated under Chapter 11.20 TTC.

(4) A licensee shall discard all opened or unused food items left in the units by previous guests. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.250 Regulations – Heating and cooling.

(1) The licensee 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 must keep the system safe, clean, and in good working condition.

(3) All air filters must be cleaned or replaced regularly or as needed. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.260 Regulations – Lighting.

The licensee must:

(1) Maintain light intensities adequate for safety;

(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. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.270 Regulations – Ventilation.

(1) The licensee must provide ventilation in all lodging units, kitchen areas, bathrooms, water closet rooms, and laundry rooms.

(2) 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. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.280 Regulations – Beds and bedding.

A licensee providing beds 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) 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, pillowcase, and blankets unless the 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

(8) Ensure that bedding kept in the lodging unit is stored in a clean area off the floor. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.290 Regulations – Food and beverage service.

(1) A licensee providing food service to guests must meet the requirements of:

(a) Chapter 11.20 TTC and the FDA Food Code provisions as incorporated under Chapter 11.20 TTC;

(b) Food worker permits as required under TTC 11.20.100(1); and

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

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

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

(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 under the FDA Food Code as incorporated under Chapter 11.20 TTC, the licensee must clean and sanitize utensils and ice buckets in a clean and sanitary area separate from bathrooms, water closet rooms, and adjoining handwashing sinks.

(3) If ice is provided, the licensee must store and dispense ice in a sanitary manner 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 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 accommodation’s current food service permit, and food handlers permits as required under TTC 11.20.100(1). [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.300 Regulations – Laundry.

The licensee must:

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

(a) Using a commercial laundry service; or

(b) Washing and sanitizing laundry in accordance with the washer 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 clean and sanitized bedding, linens, towels, washcloths and other items in an area:

(a) Designated for clean items only;

(b) Off the floor;

(d) Inaccessible to guests, pets or other animals; and

(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;

(6) Ensure that laundry room flooring is uncarpeted and covered with a cleanable floor covering. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.310 Regulations – Safety, chemical, and physical hazards.

The licensee must:

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

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

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

(2) Comply with Chapter 11.25 TTC and other applicable laws;

(3) Provide adequate and safe hand railing for all stairways, porches, and balconies including appropriate spacing between slats;

(4) 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;

(5) 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

(6) If spas, pools and/or hot tubs are provided, they must be in compliance with the requirements of the International Building Code Section 3109. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.320 Regulations – Fire safety.

The licensee must establish and maintain a fire-safe environment.

(1) In addition to the fire and safety inspection regulations required by the local fire jurisdiction, 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) Centralized smoke-fire detection alarm system.

(c) Fire extinguishers are inspected when initially placed in service and at approximately 30-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.

(d) 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 the International Fire Code.

(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 10 years from the date of manufacture.

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

(i) The system must be inspected, tested and maintained in accordance with requirements of the International Fire Code;

(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.

(f) 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 45 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-eighths 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 10 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. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].

10.40.330 Regulations – Spa and pool health and safety.

(1) The Department will develop health and safety regulations using Federal and State standards of sanitation and safety as a statutory guideline for all spa facilities and pool areas located in a transient accommodation. The Department will work in conjunction with the regulated transient accommodation and any applicable agencies or persons to establish regulations and ensure compliance.

(2) Massage practitioners, cosmetologists, estheticians, barbers, and any other employees providing regulated personal services to clients must maintain a current license for their specific regulated professions from a state licensing agency of a state of the United States of America. [Ord. 135 § 1.18, 4-3-2009 (Res. 2009-93); Ord. 135 § 135.1.18, 8-7-2008 (Res. 2008-249)].