Chapter 6.30
SHORT-TERM OCCUPANCY FACILITIES STANDARDS
Sections:
6.30.010 Adoption of Washington Administrative Code standards.
6.30.030 Inspections required.
6.30.050 Violations and enforcement.
6.30.010 Adoption of Washington Administrative Code standards.
The city of Westport hereby adopts by reference the Washington State transient accommodation rules set forth in Chapter 246-360 WAC, as presently enacted or hereafter amended, as the minimum health, safety, and maintenance standards for all short-term occupancy facilities in the city. The following specific provisions of Chapter 246-360 WAC are adopted and shall govern the operation of short-term lodging facilities (transient accommodations) under this chapter:
(1) WAC 246-360-001 – Purpose.
(2) WAC 246-360-010 – Definitions.
(3) WAC 246-360-020 – Licensure.
(4) WAC 246-360-030 – Responsibilities and rights – Licensee.
(5) WAC 246-360-035 – Authority of the department.
(6) WAC 246-360-040 – Water supply and temperature control.
(7) WAC 246-360-050 – Sewage and liquid waste disposal.
(8) WAC 246-360-070 – Refuse and vectors.
(9) WAC 246-360-080 – Construction and maintenance.
(10) WAC 246-360-090 – Lodging units.
(11) WAC 246-360-100 – Bathrooms, water closets, and handwashing sinks.
(12) WAC 246-360-110 – Lodging unit kitchens.
(13) WAC 246-360-120 – Heating and cooling.
(14) WAC 246-360-130 – Lighting.
(15) WAC 246-360-140 – Ventilation.
(16) WAC 246-360-150 – Beds and bedding.
(17) WAC 246-360-160 – Food and beverage services.
(18) WAC 246-360-180 – Laundry.
(19) WAC 246-360-200 – Safety, chemical, and physical hazards.
(20) WAC 246-360-220 – Fire safety.
(21) WAC 246-360-230 – Rustic resorts.
(22) WAC 246-360-500 – Exemptions – State requirements.
(23) WAC 246-360-990 – Fees – State requirements.
By adopting the foregoing state standards by reference, it is the intent of the city that all transient lodging facilities in Westport comply with the minimum health and safety requirements established for transient accommodations at the state level. Compliance with these WAC provisions (as summarized in the Washington State Department of Health Transient Accommodations Resource Book) is required under this chapter, except to the extent that more stringent local standards are expressly stated herein. Each time any of the above-referenced WAC sections is updated by the state, the most current requirements shall apply under this chapter. (Ord. 1715 § 2, 2025)
6.30.020 Definitions.
For purposes of this chapter, the following definitions apply:
“Hotel” (or “short-term occupancy facility”) means any facility offering temporary lodging accommodations for a period of 30 days or less, including but not limited to hotels, motels, inns, vacation dwellings, bed-and-breakfast establishments, and similar transient accommodations.
All other terms used in this chapter (including “transient accommodation,” “guest room,” “occupancy,” etc.) shall be defined as provided in WAC 246-360-010, as adopted in WMC 6.30.010, unless the context clearly indicates otherwise. (Ord. 1715 § 2, 2025)
6.30.030 Inspections required.
To ensure ongoing compliance with the standards of this chapter and the incorporated WAC provisions, the inspection official (as designated by the city administrator, which may be the building inspector or other qualified official) shall inspect each hotel premises at least once every 24 months. Such inspection shall include a physical examination of an appropriate sampling of guest rooms and all other areas of the facility necessary to determine compliance with applicable health and safety requirements. The inspection official may inspect or reinspect any hotel premises more frequently than biennially and may adjust the number of guest rooms or areas inspected, as deemed necessary and appropriate to achieve and maintain compliance. Inspections shall be conducted at reasonable times and in a manner consistent with applicable law.
(1) Display of Compliance Documentation. Each hotel or short-term lodging facility must prominently display in its main lobby or another conspicuous common area accessible to guests a copy of its current operating license or certificate (as issued by the state Department of Health) and either the most recent inspection report or a city-provided notice of compliance with this chapter. This documentation shall be displayed in a manner visible to guests so they can be informed that the facility meets health and safety standards. In addition, every facility shall maintain an updated log of sanitation, maintenance, and health-related incidents (e.g., pest infestations, sewage backups, water quality issues, fire safety system activations) along with records of corrective actions taken. This log and related records shall be made available for review upon request by the inspection official.
(2) Recognition of Qualified Inspections and Records Audits. The inspection official may, at his/her discretion, forgo a physical inspection of some or all guest rooms and instead perform an audit of records and third-party inspection reports if the facility demonstrates to the city’s satisfaction that it has adequate ongoing internal and external controls to ensure compliance. In determining whether to reduce the scope or frequency of a city-conducted physical inspection, the official may consider, among other factors:
(A) Recent Comprehensive Inspection by Others. Whether the hotel has undergone a comprehensive inspection by a recognized hospitality accreditation program, corporate audit, or state Department of Health inspection within the past 24 months that meets or exceeds the standards of this chapter. The facility must provide a copy of the inspection report, including the date of inspection, the name and qualifications of the inspecting entity, and documentation that all identified deficiencies were corrected. The city recognizes certified third-party inspections as a valid and efficient mechanism for maintaining public health and safety in transient accommodations.
(B) Good Standing With City Requirements. Whether the hotel is in good standing with the city. Indicators of good standing include, within the preceding 24 months, the facility has: (i) passed all city inspections or previous inspections under this chapter without need for corrective reinspection; (ii) continuously maintained proper records demonstrating compliance with cleanliness, sanitation, and vermin control standards as defined by the Washington State Department of Health Transient Accommodations Resource Book; (iii) no outstanding violations of this chapter or other applicable building, fire, or health codes; (iv) no substantiated public health or safety complaints that resulted in city enforcement actions; and (v) remained current on all required city licenses, permits, and fees.
If the above criteria are substantially met, the inspection official may consider the hotel to have demonstrated an acceptable level of self-regulation and compliance and may accordingly modify the scope of the city’s inspection (for example, by inspecting a smaller sample of rooms or focusing on records review). However, no facility is exempt from at least periodic inspection. The city may at any time conduct its own inspection notwithstanding the existence of third-party reports.
(3) Inspection Access and Cooperation. In furtherance of this chapter, the inspection official is authorized to enter and inspect hotel premises during normal business hours or at other reasonable times, with proper identification and notice to the owner or manager on duty. The hotel manager or person in charge shall cooperate with inspection requests. This includes making a reasonable number of “rent-ready” guest rooms (unoccupied, recently cleaned rooms) available for spot-check inspection, and providing access to maintenance and housekeeping records, pest control reports, and any third-party audit documentation relied upon to demonstrate compliance. It is unlawful for any owner, manager, or employee to refuse or knowingly fail to comply with a lawful request of the inspection official made pursuant to this chapter, including requests to inspect rooms or to produce required records or reports for review. Obstructing or hindering the inspection official in the performance of duties under this chapter is a violation subject to enforcement as provided in WMC 6.30.050. (Ord. 1715 § 2, 2025)
6.30.040 Inspection fees.
The city council may by resolution establish an inspection fee or schedule of fees to recover the city’s costs of administering this chapter. Such fee(s) may include the cost of routine biennial inspections as well as any necessary follow-up inspections or reinspections. If established, the fee shall be charged to the owner or operator of each short-term occupancy facility at the time of inspection or business license renewal, as applicable. Failure to pay any required inspection fee shall constitute a violation of this chapter and may be grounds for license suspension or other enforcement action. (Ord. 1715 § 2, 2025)
6.30.050 Violations and enforcement.
It is unlawful for any person or entity to operate a short-term occupancy facility in the city of Westport without a valid current license or certificate of authority as may be required by state law, or to operate any such facility in violation of any provision of this chapter or the terms of any license, permit, or variance granted under this chapter. Each of the following shall be a violation of this chapter: (1) operating a transient lodging facility without the licenses or approvals required by state or local law; (2) failing to comply with any mandatory standard adopted in WMC 6.30.010 or any requirement of this chapter; or (3) obstructing or preventing lawful inspection as provided in WMC 6.30.030. Each day during which a violation exists or continues constitutes a separate offense.
(1) Penalty. Violations of this chapter are subject to the general penalty provisions of this code. Unless another penalty is specifically provided by law, any person found guilty of a violation of this chapter shall be guilty of a misdemeanor, punishable by a fine and/or imprisonment as set forth in WMC 1.04.010(2) (currently, a fine of up to $500.00 and imprisonment up to six months for a standard misdemeanor). Each day’s violation may be punished as a separate offense. Alternatively, the city may pursue civil penalties or infractions as provided by law for code violations. The penalty provisions of this section are in addition to and do not preclude any other remedies available to the city, including but not limited to license suspension or revocation, civil injunction, or abatement.
(2) Imminent Hazards. If the inspection official reasonably believes that any condition at a short-term lodging facility presents an imminent danger to the life, health or safety of occupants or the public, the official is authorized to take immediate action to abate or correct the hazard. Such action may include posting areas as unsafe, ordering temporary closure or evacuation of all or part of the facility, emergency suspension of the business license, or other measures as provided by Chapter 35.80 RCW and applicable provisions of this code and state law. The official shall follow applicable procedures for dangerous buildings or public nuisances (e.g., Chapter 15.05 or 6.04 WMC) in addressing imminent hazards to ensure due process and the opportunity for hearing, as required.
(3) Compliance Agreement. At the inspection official’s discretion, formal enforcement may be held in abeyance if the owner or operator promptly agrees to a written compliance plan approved by the official. The compliance plan shall specify the corrective actions to be taken, timelines for completion, and any interim safety measures needed. The owner must demonstrate the ability to accomplish the plan and must make continuous good-faith progress. If the owner fulfills the plan and resolves all violations, no citation will be issued for those violations. Failure to adhere to the compliance plan, or the emergence of new imminent hazards, will result in immediate enforcement action. This compliance option is wholly at the city’s discretion and does not create a right or entitlement for any person to avoid enforcement.
(4) Nonexclusivity and Conflict. The regulations and remedies provided in this chapter are cumulative and in addition to those in other health, safety, building, or nuisance codes. Compliance with this chapter shall not excuse noncompliance with any other applicable city or state requirements. In the event of a direct conflict between this chapter and any other city ordinance or regulation, the provisions imposing the higher or more stringent standard for health and safety shall govern. This chapter is not intended to repeal any other ordinance except to the extent that its provisions may be expressly inconsistent with prior ordinances, and then only to the extent of the conflict.
(5) City Liability. All activities and regulations prescribed by this chapter are declared to be undertaken for the public health, safety, and welfare. No city officer, employee, or agent administering or enforcing this chapter (including the inspection official and any city council member acting as a quasi-judicial decision-maker) shall be personally liable for any damages that may accrue to persons or property as a result of acts performed in good faith under this chapter. (This provision shall not be construed as waiving any immunity or defense available to the city under state law.) (Ord. 1715 § 2, 2025)
6.30.060 Appeals.
Any person aggrieved by an order or decision of the inspection official under this chapter – such as a notice of violation, citation, license suspension, or other enforcement order – shall have the right to appeal that decision. Appeals shall be conducted as follows:
(1) Filing of Appeal. A written notice of appeal must be submitted to the mayor (or the mayor’s designee) within 30 days after service of the adverse order or decision. The notice of appeal shall clearly identify the decision being appealed and shall state the specific grounds for appeal and the relief or change requested. The appellant should also include any supporting documentation or evidence at the time of filing, if available.
(2) Scheduling and Hearing. Upon a timely appeal, the mayor shall schedule an appellate hearing before the city’s board of appeals. Unless otherwise provided by city ordinance, the city council shall serve as the board of appeals for purposes of this chapter (per WMC 15.05.090). The appeal hearing shall be set at a regular or special city council meeting not more than 45 days from the city’s receipt of the notice of appeal, allowing for required public notice. The city clerk-treasurer (or other designated secretary to the board of appeals) shall give written notice of the hearing date, time, and location to the appellant at least 10 days in advance. Pending the appeal hearing, enforcement of the underlying order may be stayed at the inspection official’s discretion unless the official certifies an imminent hazard requiring immediate action.
(3) Appellate Procedure. At the time set for the hearing, the city council shall adjourn its regular meeting and reconvene as the board of appeals for the purpose of hearing the appeal. The appeal hearing shall be conducted as a quasi-judicial proceeding, consistent with the intent and procedures outlined in Chapter 15.05 WMC (in particular, WMC 15.05.080 through 15.05.100), except as modified by this section. The appellant and the city shall each have an opportunity to present testimony, evidence, and argument to the board of appeals under oath. The formal rules of evidence shall not apply, but the board may exclude irrelevant or unduly repetitive information. A record of the proceedings shall be made by electronic recording or other suitable method.
(4) Decision. Following the hearing, the city council (board of appeals) may affirm, modify, or reverse the decision of the inspection official, or may remand the matter with directions for further investigation or action. The board of appeals’ decision shall be issued in writing with findings of fact and conclusions, and a copy shall be provided to the appellant. The decision of the board of appeals on such matters shall constitute the final decision of the city. Further appeal from the city’s final decision, if any, shall be in Grays Harbor County Superior Court as provided by law (e.g., via Land Use Petition Act, Chapter 36.70C RCW, if applicable). (Ord. 1715 § 2, 2025)