§ 15.20.106. Mold in hotels; abatement, remediation and prevention measures; enforcement.

A.

Complaint of mold, order and action for abatement. Any person may submit a complaint of the presence of visible mold or effects of exposure to mold in a hotel to the director. If the director receives a credible complaint of significant visible mold on or in a hotel building or facility from a hotel guest or hotel employee, the director shall inspect the area of the hotel premises alleged to have mold. In addition to the procedures described in this section, all powers of the director existing in Title 15 shall apply to visible mold abatement, prevention and enforcement including, but not limited to, fees, penalties, fines, inspections, compliance agreements, compliance orders, emergency orders, enforcement orders, recovery of fees and administrative costs incurred in enforcement actions, and injunctive relief. Violations are subject to civil penalties as prescribed in section 14.60.030.

1.

If significant visible mold growth is discovered on or in a hotel, the director may issue a notice of violation as authorized by this title directing the hotel operator(s) to remove and clean up the mold and remediate the area by a specific date and require a reinspection. The initial notice of violation shall state a civil penalty and will be imposed if the visible mold identified at the initial inspection is not completely removed to the satisfaction of the director at the time of reinspection, and that failure to remove and clean up mold shall subject the hotel operator to additional penalties and enforcement actions. Additionally, the director shall have the power to order the repair of the source of the moisture.

2.

If upon reinspection of the hotel area following the initial notice of violation, or upon any subsequent reinspections as deemed necessary by the director, significant visible mold continues to be present and the director determines the hotel operator failed to take adequate action to correct the condition or repair or replace facilities or equipment as ordered, the director may take any one or combination of the following actions:

a.

Impose the civil penalties stated in the initial notice of violation;

b.

Issue an additional notice of violation with a specific date that removal, clean up, or repair and/or replacement of equipment or materials must be completed, with civil penalties to be imposed for the subsequent violations for failure to do so upon a reinspection;

c.

Placard the hotel area, and any areas of the hotel that may reasonably expose persons to substantial airborne mold from the significant visible mold, and order hotel rooms or areas placarded to be vacated within a reasonable time. Tampering with a placard placed as ordered by the director shall subject the violator to a civil penalty. The placard shall indicate the hotel room or area is unfit for human habitation and is closed to all persons except those authorized by the director to enter; or

B.

Subsequent violations. If, after a second notice of violation of significant visible mold in the same area of the hotel, the hotel operator fails to adequately respond to orders to abate significant visible mold or environmental factors contributing to mold growth, the director may issue additional civil penalties, post public notices ascribing to the presence of mold, or close areas or rooms of the hotel. The director is not required to use or exhaust all actions in subsection A.2. prior to taking action under this subsection.

C.

Evacuation and closure. If a hotel operator continues to fail to adequately abate significant visible mold or environmental factors contributing to mold growth under this section, or the director determines the presence of significant mold presents a significant public health hazard, the director may:

1.

Order the cessation of hotel operations, evacuation and closure of the hotel until such time as violations of this section are abated, or

2.

Refer the hotel operator to development services as a dangerous building under section 23.70.702. A hotel vacated and closed under this subsection may not reopen any portion of the hotel to employees or the public without the written approval of the director.

D.

Violation of closure. Any person who, without authority from the director to do so, enters an area of a hotel placarded, closed or vacated under this section is subject to a civil penalty as provided in section 14.60.030.

E.

Whistleblower protection. A hotel employee who takes any lawful act under this section, including making a complaint of the presence of mold to the director or any other person, shall not be subjected to any adverse employment action by the hotel operator or employer because of such act. Such a hotel employee shall have the same rights and entitled to the same relief to make the hotel employee whole as a government false or fraudulent claims whistleblower under section 1.60.120. If a hotel operator or employer takes any adverse employment action against a hotel employee protected by this section, the hotel employee may bring an action in the appropriate court for the relief provided by this section.

(AO No. 2017-119(S) , § 3, 11-9-17)