Chapter 8.30
TRANSIENT ACCOMMODATIONS STANDARDS
Sections:
8.30.010 Adoption of Washington State Administrative Codes (WAC).
8.30.030 Inspections required.
8.30.050 Reinspections—Trip fees.
8.30.070 City license status for nonpayment and unresolved violations.
8.30.080 Immediate health and safety threats.
8.30.090 No warranty or guarantee by city.
8.30.100 Violations and enforcement.
8.30.010 Adoption of Washington State Administrative Codes (WAC).
The city of Ocean Shores adopts the following Washington State Administrative Codes (WACs) by reference. Each of these WACs is addressed and explained in the Washington State Department of Health Transient Accommodations Resource Book, as amended, and a copy of which is available on file in the city clerk’s office:
WAC
246-360-001 Purpose.
246-360-010 Definitions.
246-360-020 Licensure.
246-360-030 Responsibilities and rights—Licensee.
246-360-035 Authority of the department.
246-360-040 Water supply and temperature control.
246-360-050 Sewage and liquid waste disposal.
246-360-070 Refuse and vectors.
246-360-080 Construction and maintenance.
246-360-090 Lodging units.
246-360-100 Bathrooms, water closets, and handwashing sinks.
246-360-110 Lodging unit kitchens.
246-360-120 Heating and cooling.
246-360-130 Lighting.
246-360-140 Ventilation.
246-360-150 Beds and bedding.
246-360-160 Food and beverage services.
246-360-180 Laundry.
246-360-200 Safety, chemical, and physical hazards.
246-360-220 Fire safety.
246-360-230 Rustic resorts.
246-360-500 Exemptions, State requirements.
246-360-990 Fees, State requirements.
(Ord. 1155 § 1, 2026)
8.30.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“City license” means any business license, registration, permit, or other local authorization required by the city of Ocean Shores for lawful operation of a transient accommodation.
“Transient accommodation” means hotels, motels, vacation rentals, bed and breakfasts, or any other thirty-day or less temporary lodging accommodation.
Except as otherwise specifically defined in this chapter, terms used in this chapter have the meanings set forth in WAC 246-360-010. (Ord. 1155 § 1, 2026)
8.30.030 Inspections required.
A. The inspection official or city inspector, as designated by the mayor and/or their designee, shall inspect each transient accommodation premises, to include the physical examination of an appropriate sampling of guest rooms, not less than once every twenty-four months, for compliance with the provisions of this chapter. The inspection official may inspect or reinspect transient accommodation premises more frequently and/or vary the number of guest rooms included in the sampling as deemed necessary and proper to achieve and maintain continuing compliance.
B. A transient accommodation shall prominently display a copy of its operating certificate and any relevant inspection data in the lobby or other common areas accessible to guests. This ensures transparency and allows guests to verify that the premises comply with health and safety regulations. Additionally, a transient accommodation must maintain an updated and accessible log of sanitation, maintenance, and health-related incidents. This log, along with corresponding corrective actions taken, shall be available upon request for review by the inspection official.
C. The inspection official may forgo a physical examination of rooms and conduct a records audit only when the transient accommodation demonstrates to the satisfaction of the official that adequate cleaning, sanitation and maintenance operating procedures are in place to ensure compliance with this chapter and that the transient accommodation makes such records, schedules, internal reports, or reliable third-party audits available to the official for review and evaluation.
Criteria the inspecting official may consider in forgoing a physical examination are:
1. The transient accommodation has undergone a comprehensive hotel chain or state Department of Health inspection within the preceding twenty-four months, which substantially met or exceeded the standards established in this chapter.
2. The transient accommodation has provided the inspection official with a copy of a third-party or Washington State Department of Health report to include the inspection date, the name and qualifications of the inspecting entity, and confirmation that all findings were resolved to the inspection official’s satisfaction, consistent with the city’s recognition of certified third-party inspections as a valid and efficient mechanism for maintaining public health and safety.
3. The inspection official has determined the transient accommodation to be in good standing with the city. Criteria for good standing include: if, within the preceding twenty-four months, the transient accommodation has:
a. Passed all city inspections without requiring a reinspection due to noncompliance;
b. Maintained documented compliance with the cleanliness, sanitation, and vermin control standards defined in the Washington State Department of Health Transient Accommodations Resource Book, as amended;
c. Had no outstanding violations of this chapter or other applicable codes;
d. Had no substantiated public health or safety complaints resulting in enforcement action; and
e. Remained current on all required city licenses and fees.
D. In order to carry out the intent of this chapter, the inspection official is authorized to conduct inspections of transient accommodation premises during normal business hours. In furtherance thereof, the official may, but is not required to, request that the transient accommodation manager make a prescribed number of rent-ready guest rooms be made available for inspection and/or that the transient accommodation’s cleaning, sanitation and maintenance records, schedules, internal reports, or third-party audits be made available for review and evaluation.
E. It shall be unlawful and an offense for any person to fail or refuse a lawful request of the inspection official to inspect a transient accommodation room or to produce for the official’s review and evaluation the records, schedules, internal reports, or third-party audits that the transient accommodation relies upon or proffers as evidence of its compliance with the provisions of this chapter.
(Ord. 1155 § 1, 2026)
8.30.040 Inspection fees.
A fee established by resolution of the city council may be charged to reimburse the city for all costs associated with the administration of this chapter. (Ord. 1155 § 1, 2026)
8.30.050 Reinspections—Trip fees.
A. Any transient accommodation found to be noncompliant with this chapter shall be subject to reinspection to verify correction of deficiencies.
B. The first reinspection for the same unresolved violation shall not be subject to a trip fee.
C. Beginning with the second reinspection trip by the inspection official for the same unresolved violation, a trip fee shall be assessed for such reinspection and each additional reinspection trip as established in the city’s fee schedule by resolution of the city council.
D. For purposes of this section, “same unresolved violation” means a deficiency or group of related deficiencies identified in an inspection that remain uncorrected at the time of reinspection.
E. Trip fees imposed under this section are intended solely to recover the city’s costs associated with reinspection visits and are not penalties.
(Ord. 1155 § 1, 2026)
8.30.060 Noncompliance fees.
A. If the same unresolved violation remains uncorrected after the compliance period specified by the city or its authorized enforcement official expires, the city may impose a noncompliance fee.
B. Noncompliance fees shall be assessed on a graduated basis as established by resolution of the city council.
C. Noncompliance fees are separate from and in addition to any trip fees assessed under Section 8.30.050.
D. Continued failure to correct the same unresolved violation may result in additional enforcement action, including but not limited to:
1. Issuance of civil infractions or criminal citations pursuant to applicable provisions of the Ocean Shores Municipal Code, including Title 7;
2. Abatement of the same unresolved violation by the city, with recovery of costs as authorized by law; and/or
3. Any means authorized by law.
E. The remedies provided in this section are cumulative and not exclusive, and the exercise of one remedy shall not preclude the use of any other remedy authorized by law.
F. Noncompliance fees imposed under this section are intended to recover the city’s escalating administrative and enforcement costs and are not punitive in nature.
(Ord. 1155 § 1, 2026)
8.30.070 City license status for nonpayment and unresolved violations.
A. Payment of all fees imposed under this chapter, including trip fees and noncompliance fees, shall be required prior to the issuance or renewal of any city license.
B. The city may deny issuance or renewal of any city license if:
1. Outstanding fees remain unpaid; or
2. The transient accommodation remains in violation of this chapter.
C. The city may deny or withhold any application for issuance or renewal of a city license until all fees are paid and violations are corrected.
(Ord. 1155 § 1, 2026)
8.30.080 Immediate health and safety threats.
Nothing in this chapter shall limit the authority of the city to inspect properties, issue citations, order abatement, or take immediate enforcement action where conditions are reasonably believed to pose an imminent threat to life, health, safety, or property. (Ord. 1155 § 1, 2026)
8.30.090 No warranty or guarantee by city.
By undertaking inspections and enforcement action under this chapter, the city, its officers, employees, and agents do not warrant or guarantee the safety, fitness, or suitability of any property. Property owners and occupants remain responsible for maintaining safe conditions. (Ord. 1155 § 1, 2026)
8.30.100 Violations and enforcement.
A. A person commits an offense of this chapter if the person:
1. Operates, owns, or permits operation of a transient accommodation in violation of this chapter or without any city license, permit, certificate, or other required authorization; or
2. Commits any act forbidden by or fails to perform any act required by this chapter.
B. Each violation of this chapter shall constitute a separate offense, and each offense is punishable by a fine as specified in Section 1.20.010 (Violation—Penalty).
C. Any condition reasonably believed to be imminently dangerous to the life, limb, health or safety of a transient accommodation’s occupants may be abated by the inspection official in accordance with state law and the Ocean Shores Municipal Code.
D. At the option of the inspection official, immediate enforcement may be temporarily abated if a transient accommodation’s owner or operator agrees to a supervised compliance plan, demonstrates the ability to comply with the plan, and makes continuing progress toward compliance.
E. All the regulations provided in this chapter are hereby declared to be governmental and for the health, safety and welfare of the public. Any member of the city council or any city official or employee charged with the enforcement of this chapter, acting for the city of Ocean Shores in the discharge of their duties, shall not thereby render themselves personally liable; and they are hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of their said duties.
(Ord. 1155 § 1, 2026)
8.30.110 Appeals.
Any person aggrieved by any determination made under this chapter, including but not limited to inspection findings, operating certificate decisions, fees, licensing determinations, enforcement actions, or other administrative decisions issued pursuant to this chapter, may appeal such determination pursuant to this section.
A. Filing. An appeal authorized under this section shall be initiated by filing a written notice of appeal with the city clerk within fourteen calendar days following receipt of the written determination being appealed. The notice shall state the specific grounds for appeal and include supporting documentation. Failure to timely file shall constitute waiver of administrative appeal rights unless otherwise required by law.
B. Stay. A timely filed appeal shall stay the effect of the appealed determination unless the inspection official or authorized enforcement official determines that conditions pose an immediate threat to life, health, safety, or property.
C. Hearing Scheduling. Upon timely and proper filing of a notice of appeal as set forth in subsection (A) of this section, the city clerk shall schedule an appeal hearing before the city’s designated hearing authority within thirty business days of the appeal filing unless extended for good cause.
D. Hearing Standard. The hearing shall be de novo unless otherwise required by law. The burden of proof shall be on the appellant to establish by a preponderance of the evidence that the determination was incorrect.
E. Authority. The hearing authority may affirm, reverse, or modify the determination.
F. Written Decision. A written decision shall be issued within twenty business days following the hearing and shall include findings and reasons to support the decision.
G. Final Decision. The hearing examiner decision shall be the final decision of the city.
H. Service. Written determinations and appeal decisions may be served personally, by mail, or by other lawful delivery methods reasonably calculated to provide notice.
Exhaustion of this administrative appeal process shall be required prior to judicial review unless otherwise prohibited or modified by applicable law. (Ord. 1155 § 1, 2026)