[Ord. No. 18-01, 2-1-2018[1]]
This Article contains the Cass County Health Department Lodging Code, which is hereby adopted and appended to this Article, constituting Code Sections 225.701 through 225.734. The Lodging Code provides for health regulations for lodging establishments. The County Commission determines that any newspaper publication of the entire text of the Lodging Code would be unduly cumbersome or expensive. The Lodging Code is set out in the Sections that follow in this Article.
[Ord. No. 18-01, 2-1-2018]
A.
The scope, purpose and intent of this Article is to provide a uniform
set of rules and regulations governing and controlling lodging facilities,
to provide a guide for the licensing of existing and new lodging facilities,
as defined in this Article, and to regulate the construction, reconstruction,
maintenance, operation and repair of lodging facilities within Cass
County.
B.
This Article includes rules and regulations for lodging safety, health
and sanitation.
C.
This Article includes technical requirements pertaining to such facilities,
but there is also vested in the Director power and authority to make
such specific requirements for each permit holder as in his/her judgment
and discretion are just and reasonable.
D.
The provisions of this Article shall be in addition to existing laws
and ordinances, and any owner or operator of any and all lodging facilities
shall be required to comply with all such provisions.
[Ord. No. 18-01, 2-1-2018]
A.
AIR BREAK
AIR GAP
APPROVED
BED AND BREAKFAST
CODE
DEAD-END CORRIDOR
DIRECTOR
EQUIVALENT CODE
EXIT
EXIT ACCESS
EXIT DISCHARGE
FIRE ALARM SYSTEM
FIRE BARRIER
FIRE RESISTANCE RATING
FLAME RESISTANT MATERIAL
GROUP OF BUILDING
GUEST ROOM
HARDWIRED
HAZARDOUS AREA
IMMINENT HEALTH HAZARD
INFESTATION
LAW
LODGING ESTABLISHMENT
MAJOR RENOVATION
MEANS OF EGRESS
PERMANENT GUEST
PERMIT
PERMIT HOLDER
PERSON
PERSON IN CHARGE
PHYSICAL FACILITIES
PLUMBING FIXTURE
PREMISES
1.
2.
PRIMARY MEANS OF EGRESS
PUBLIC WATER SYSTEM
PUBLIC WAY
REFUSE
REGULATORY AUTHORITY
REMOTE EXIT OR MEANS OF EGRESS
RESTRICTED USE PESTICIDES
TRANSIENT GUEST
UNIFORM PLUMBING CODE
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A piping arrangement in which a drain from a fixture, appliance
or device discharges indirectly into another fixture, receptacle or
interception at a point below the flood level rim. The connection
does not provide an unobstructed vertical distance and is not solidly
connected but precludes the possibility of backflow to a potable water
source.
The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or outlet supplying fixture,
or other device, and the flood level rim of the receptacle. The vertical
physical separation shall be at least two (2) times the inside diameter
of the water inlet pipe above the flood rim level but shall not be
less than one (1) inch.
Acceptable to the Regulatory Authority based on a determination
of conformity with principles, practices, and generally recognized
standards that protect public health.
An existing building(s) with no more than three (3) occupiable
stories, with at least five (5) but no more than ten (10) guest rooms.
The building shall have interior corridors and be provided with a
kitchen; owner must live in or adjacent to the building.
The standards relating to fire safety, sanitation, electrical
wiring, fuel-burning appliances, plumbing, swimming pools and spas,
sewage and waste treatment, and disposal as adopted by the Regulatory
Authority. The Regulatory Authority, in its discretion, may incorporate,
in whole or in part, the standards or codes promulgated by the National
Fire Protection Association, Building Officials and Code Administration
International, Inc., Great Lakes Upper Mississippi River Board of
State Sanitary Engineers, and/or American Society of Sanitary Engineers.
A corridor, aisle or passageway arranged without an exit
access in two (2) directions.
The Director of Health or his or her designee.
Any code that is accepted by the Regulatory Authority that
is referenced in this rule, including, but not limited to, fire alarm
systems, wireless smoke detectors and supervised sprinkler systems.
The portion of a means of egress that is separated from all
other spaces of the building or structure by construction or equipment
required to provide a protected way of travel to the exit discharge.
Exits include exterior exit doors, exit passageways, horizontal exits,
separated exit stairs and separated exit ramps.
The portion of a means of egress that leads to an exit.
The portion of a means of egress between the termination
of an exit and a public way.
Fire alarm system as described in the current edition of
the National Fire Protection Association 72, National Fire Alarm Code
Edition or comply with local municipal fire code(s) as applicable.
Any interested person may view this material at the agency's
headquarters or may purchase a copy from the National Fire Protection
Association, 11 Tracy Drive, Avon, MA 02322. This rule does not incorporate
any subsequent amendments or additions.
A structural element, either vertical or horizontal, such
as a wall or floor assembly, which is designed and constructed with
a specified fire resistance rating to limit the spread of fire and
restrict the movement of smoke. Such barriers may have protected openings.
The length of time, in minutes or hours, that materials or
structural elements can withstand fire exposure.
The property of material or its structural elements that
prevents or retards the passage of excessive heat, hot gases or flames
under conditions in which they are used.
Any building, structure, establishment, place, bed and breakfast,
or places of business, including but not limited to, multiple, individual
or multi-unit cabins and guest rooms that are not attached to the
main building but receive the same services/amenities as those guest
rooms within the main building.
Any room or unit where sleeping accommodations are regularly
furnished to the public.
Wired directly and permanently into the building's main
electrical wiring system and/or a wireless system as described in
the current edition of the National Fire Protection Association 72,
National Fire Alarm Code Edition or comply with local municipal fire
code(s) as applicable.
Areas of structures or buildings posing a degree of hazard
greater than normal to the general occupancy of a building or structure,
such as areas used for the storage or use of combustibles or flammable,
toxic, noxious or corrosive materials, or heat-producing appliances.
A significant threat or danger to health that is considered
to exist when there is evidence sufficient to show that a product,
practice, circumstance, or event creates a situation that requires
immediate correction or cessation of operation to prevent illness
or injury based on the following:
The presence within or around a dwelling of any insects,
rodents, or other pests.
Applicable local, state, and federal statutes, regulations,
and ordinances.
Any building, group of buildings, structure, establishment,
place, or places of business where five (5) or more guest rooms are
provided, which is owned, maintained, or operated by any person and
which is kept, used, maintained, advertised or held out to the public
for hire which can be construed to be a hotel, motel, motor hotel,
apartment hotel, tourist court, resort, cabin, tourist home, bunkhouse,
dormitory, or other similar place by whatever name called, and includes
all such accommodations operated for hire as lodging establishments
for either transient guests, permanent guests, or for both transient
and permanent guests.
A physical change to a lodging establishment or portion thereof,
including the replacement or upgrading of major systems, which extends
the useful life. Examples include, but are not limited to, demolition
of the interior or exterior of a building or portion thereof, including
the removal and subsequent replacement of electrical, plumbing, heating,
ventilating and air-conditioning systems, fixed equipment and interior
walls and partitions (whether fixed or moveable). Replacement of broken,
dated or worn equipment/items, including but not limited to, individual
air-conditioning units, bathroom tile, shower stalls that do not require
any additional or new plumbing, electrical, etc., shall not be considered
a major renovation.
A continuous and unobstructed way of travel from any point
in a building or structure to a public way. A means of egress consists
of three (3) distinct parts, the exit access, the exit and the exit
discharge.
Any person who occupies a guest room in a lodging establishment
for a period of thirty-one (31) days or more (generally referring
to in house staffing).
The document issued by the Regulatory Authority that authorizes
a person to operate a lodging establishment.
The entity that:
An association, a corporation, individual, partnership, other
legal entity, government, or governmental subdivision or agency.
The individual present at the lodging establishment who is
responsible for the operation at the time of inspection.
The structure and interior surfaces of a lodging establishment
including accessories such as soap and paper towel dispensers and
attachments such as light fixtures and heating or air-conditioning
system vents.
A receptacle or device that is permanently or temporarily
connected to the water distribution system of the premises and demands
a supply of water from the system; or discharges used water, waste
materials, or sewage directly or indirectly to the drainage system
of the premises.
The physical establishment, its contents, and the contiguous
land or property under the control of the permit holder; or
The physical establishment, its contents, and the land or property
not described in subparagraph one (1) of this definition if its facilities
and contents are under the control of the permit holder and may impact
lodging establishment personnel, facilities, or operations.
Shall consist of, but is not limited to, an enclosed interior
stair, an exterior stair, horizontal exit, door, stairway, or ramp
providing a means of unobstructed travel without traversing any corridor
or space exposed to of the dwelling unit at street or ground level.
Stairways serving as part of the primary means of egress shall be
enclosed with fire barriers (vertical), such as wall or partition
assemblies with a fire resistance rating of not less than thirty (30)
minutes. Such enclosures shall be continuous from floor to floor.
Openings shall be protected as appropriate for the fire resistance
rating of the barrier.
Public water system as defined in 40 CFR 141, National Primary
Drinking Water Regulations.
An area such as a street or sidewalk that is open to the
outside and is used by the public for moving from one (1) location
to another.
Solid waste not carried by water through the sewage system.
The Director of Health or his or her authorized representative.
A situation whereby two (2) exits or two (2) exit access
doors are required.
A pesticide product that contains the active ingredients
specified in 40 CFR 152.175, Pesticides classified for restricted
use, and that is limited to use by or under the direct supervision
of a certified applicator.
Any person who rents and occupies a guest room in a lodging
establishment for a period of less than thirty-one (31) days.
The model code developed by International Association of
Plumbing and Mechanical Officials (IAPMO) to govern the installation
and inspection of plumbing systems as a means of promoting the public's
health, safety and welfare.
[Ord. No. 18-01, 2-1-2018]
A.
All lodging establishments shall comply with the lodging establishment
requirements provided in this Article.
B.
Water Supply.
1.
Water Source.
a.
A safe, adequate water supply shall be from an approved source
that is: (a) a public water system; or (b) a non-public water system
that is constructed, maintained and operated according to law. Water
may also be referred to as "potable water."
2.
Water Temperature.
a.
The temperature of hot water which is provided in any public
area or guest room, including but not limited to lavatories, bathtubs,
or showers must not exceed one hundred thirty degrees Fahrenheit (130°
F.) (or approximately 55° C.).
3.
Boil Order.
a.
The lodging establishment operator shall comply with the following
intermediate process(es) until permanent corrections have been made
to the water supply (this includes precautionary Boil Water Notice/Advisories,
or a Limit Use Order issued on a public water supply):
(1)
Notify guests, verbally and again by written notice
prominently placed in each rented guest room that the plumbed water
is not potable and only potable water should be used for drinking
and/or brushing of teeth. Additional restrictions for water use may
be required by the Regulatory Authority.
(2)
Discard ice that may have been made from contaminated
water. Also discard ice if it has been, or may have been exposed to
contaminated water.
(3)
Obtain a temporary, alternate supply of potable
water, such as individual containers of commercially bottled water,
in each rented guest room. Additional bottled water shall be available
upon request by guests.
4.
Boil Order Cessation.
a.
Other permanent disinfection process or permanent corrective
measure(s) as authorized by the Regulatory Authority may meet requirements
for the removal of a boil order. For a Limit Use Order to be lifted
for public water supplies, the operator shall comply with one (1)
of the following permanent corrections:
(1)
Provide an alternate connection to an adjacent
plumbing source of water, acceptable to the Regulatory Authority and/or
the Missouri Department of Natural Resources (MO DNR), which is protected
from contamination and capable of supplying a sufficient quantity
of water.
(2)
Other permanent corrective measures that provide
safe water supply, as approved by the Regulatory Authority.
[Ord. No. 18-01, 2-1-2018]
A.
All recreational waters at any lodging establishment must comply
with Cass County Pool Ordinance, including any permit requirements.
[Ord. No. 18-01, 2-1-2018]
A.
Building Structure.
1.
Every building structure or enclosure used to provide lodging
accommodations for the public shall be constructed of proper materials,
and be kept and maintained as to promote the health, comfort, safety,
and well-being of persons accommodated.
B.
Identification.
1.
The entrance door to every lodging unit must be plainly marked
on the outside, either numerically or alphabetically. No two (2) units
may be assigned the same number or letter.
C.
Condition.
1.
The facilities must be maintained in acceptable condition as
deemed by the Regulatory Authority. Conditions shall not create an
unsafe environment for guests, a public health hazard, or a nuisance
condition at the establishment or to surrounding community.
D.
Flooring.
1.
The floors of all guest rooms, hallways, bathrooms, store rooms,
and all other spaces used or traversed by guests shall be of such
construction and material which shall be easily cleanable and be kept
clean and in good repair. Cleaning of floors shall be done to minimize
the raising of dust and the exposure of guests thereto. The requirements
of this part shall not prevent the use of rugs, carpets, or natural
stone which can be kept clean. Abrasive strips for safety purposes
may be used wherever deemed necessary to prevent accidents.
E.
Walls.
1.
The walls and ceilings of all rooms, halls and stairways shall
be kept clean and in good repair. Studs, joists, and rafters cannot
be exposed except when suitably finished and maintained clean.
F.
Screens.
1.
When flies, mosquitos, and other insects are prevalent, all
outside doors, windows, and other outer openings must be screened;
provided that such screening shall not be required for rooms deemed
by the Regulatory Authority to be located high enough in the upper
stories of the buildings as to be free of such insects, or in such
areas where other effective means are provided to prevent their entrance.
[Ord. No. 18-01, 2-1-2018]
A.
All facilities shall comply with all local building codes, fire codes
and ordinances.
B.
All lodging establishments shall provide suitable fire escapes which
shall be kept in good repair and accessible at all time.
C.
Hallways shall be marked and exit lights hard wired with battery
backup provided.
D.
No sleeping quarters shall be maintained in rooms which do not have
unobstructed egress to the outside or to a central hall leading to
a fire escape.
E.
Fuel-burning appliances shall be properly vented in accordance with
the law.
F.
Housekeeping practices that ensure fire safety shall be maintained
daily.
G.
Smoke detectors shall be installed in all sleeping rooms, cooking
areas/kitchens, hallways, laundry rooms, mechanical rooms, hazardous
areas and where specifically stated within this Code. Heat sensing
devices may be installed in cooking areas in lieu of a smoke detector(s).
1.
All smoke detectors and heat sensing devices shall be hardwired
with battery backup and shall be maintained in good operating condition.
2.
Smoke detectors shall be tested at least monthly or as needed
to ensure they are operating properly and batteries shall be changed
as needed.
3.
The Regulatory Authority may require the installation of additional
smoke detectors at any time.
4.
Existing fire alarm systems and sprinkler systems shall be maintained
in good working order.
[Ord. No. 18-01, 2-1-2018]
A.
In addition to meeting local, State and Federal requirements, the
Regulatory Authority has outlined minimum requirements for the maintenance
of fire safety components:
1.
Smoke detectors and/or heat sensing devices shall be installed
on the ceiling, preferably in the center, but no less than four (4)
inches from the wall of the sleeping area or on a sleeping room wall
between four (4) and twelve (12) inches from the ceiling. All smoke
detectors and/or heat sensing devices shall be hardwired and have
battery backup.
2.
A fire alarm system shall be installed and maintained in accordance
with the current National Fire Protection Association 72, National
Fire Alarm Code or equivalent code and maintained in good working
order except for either of the following:
B.
All buildings shall be protected throughout by an approved, supervised
automatic sprinkler system in accordance with the most current National
Fire Systems or the National Fire Protection Association 13R Standard
for the Installation of Sprinkler Systems in Residential Occupancies
up to and Including Four (4) Stories in Height or equivalent code.
C.
Bed and breakfasts and buildings with no more than three (3) occupiable
stories, where all guest rooms have a door that opens directly to
the outside at or to grade level or to an exterior exit access are
not required to be protected throughout by an approved, supervised
automatic sprinkler system.
[Ord. No. 18-01, 2-1-2018]
A.
Existing lodging establishments shall meet the following requirements
for general safety of the public:
1.
All facilities that use stairs as a component in the means of
egress shall comply with the following:
a.
All open face stairs shall have guards placed on the sides.
Guards shall be placed so that a four-inch diameter sphere cannot
pass through them;
b.
Handrails for stairs shall not be less than thirty-four (34)
inches and not more than thirty-eight (38) inches above the surface
of the tread, measured vertically to the top of the rail from the
leading edge of the tread.
c.
Existing handrails, railings and guards for stairs may continue
to be used subject to approval of the Regulatory Authority.
B.
Railings for balconies shall not be less than forty-two (42) inches
in height. Guards shall be placed so that a four-inch diameter sphere
shall not pass through them.
C.
All facilities that use ramps as a component in the means of egress
shall comply with the following:
1.
All ramps, handrails, and guards shall comply with the American
with Disabilities Act (ADA) and other building codes.
2.
Ramps shall have a minimum width of forty-four (44) inches in
all facilities.
3.
Ramps shall have a slip resistant surface.
4.
Ramps that are greater than six (6) inches in height shall have
handrails and guards placed on each side.
5.
Existing ramps may continue to be used subject to approval of
the Regulatory Authority.
D.
Floors that separate stories in a building shall be maintained as
a smoke barrier to provide a basic degree of separation.
E.
Openings through floors, such as hoist ways for elevators, shaft
ways used for light, ventilation or building services; or expansion
joints and seismic joints used to allow structural movements shall
be enclosed with fire barriers (vertical), such as wall or partition
assemblies whose fire resistance rating is not less than thirty (30)
minutes. Such enclosures shall be continuous from floor to floor.
Openings shall be protected as appropriate for the fire resistance
rating of the barrier.
F.
Service openings such as laundry chutes, dumbwaiters and inclined
and vertical conveyors shall be provided with self-closing devices,
with a positive-latching frame and door assembly of one-hour fire
rating. These service openings must be kept closed when not in active
use. Outlet doors for trash or laundry chutes shall open only to a
separate room designed exclusively for that purpose. This room shall
be provided with a one-hour fire rated door that is self-closing.
Existing installations may continue to be used upon approval of the
Regulatory Authority.
G.
Vertical conveyors and chutes shall be separately enclosed by walls
or partitions. Service openings shall not open to an exit.
H.
All guest rooms shall have a means of egress to the outside of the
building at or to grade level.
I.
Lodging establishments meeting the definition of a bed and breakfast
may have two (2) secondary means of egress that are independent and
remote from one (1) another in lieu of a primary means of egress.
J.
Public hallways, stairways, landings, and foyers shall be sufficiently
illuminated at all times to prevent tripping or other injuries to
persons.
K.
Emergency exit signs shall be provided when guest room doors open
to an interior corridor and where guest room doors open to the outside
but not directly at grade level.
L.
Emergency exit signs shall be maintained in a clean and legible condition
and shall be illuminated always when the building is occupied. For
new construction, supplemental directions signs, when necessary, shall
be installed indicating the direction and way of egress.
M.
All emergency lighting shall be maintained in good working condition.
[Ord. No. 18-01, 2-1-2018]
A.
Installation and maintenance of plumbing supply lines and equipment
shall be in compliance with local codes and the Uniform Plumbing Code.
At no time shall plumbing be arranged in a manner that may allow pollution
or contamination of potable water supplies. General requirements are
as follows:
1.
Hot and cold running water shall be available at all times.
2.
Restrooms shall be provided with adequate ventilation to prevent
excessive condensation, mold or algae growth, or odors.
3.
The drainage system shall be adequately vented to extend above
the roof.
4.
All fixtures shall be adequately and properly trapped.
5.
Openings for the passage of plumbing shall be pest proof.
6.
No fitting, connection, device or method of installation shall
obstruct or constrict the flow of water, wastes, sewage or air in
the drainage or venting system.
B.
Inspected Mechanical Devices.
1.
Certification of Inspection by the Fire Department shall be
required for the following water heaters, boilers and pressure vessels:
a.
Water heaters with heat input greater than two hundred thousand
British Thermal Units per hour (200,000 BTU/hr.) or fifty-seven and
six-tenths kilowatts (57.6 kW) if electric;
b.
All boilers;
c.
Hot water storage tanks greater than one hundred twenty (120)
gallon capacity, and water temperatures exceeding two hundred ten
degrees Fahrenheit (210° F.), and heat input greater than two
hundred thousand (200,000) BTU/hour or fifty-seven and six-tenths
(57.6 kW) if electric; and
d.
Evidence of inspection and approval shall be posted on the premises.
C.
Non-Inspected Mechanical Devices.
1.
Water heaters and pressure vessels not required to be inspected
and approved by the Fire Department:
a.
Shall be rated for a minimum working pressure of one hundred
twenty-five (125) pounds per square inch. The maximum pressure allowed
shall be permanently marked on all water heating units and holding
tanks.
b.
A separate valve or switch shall be provided to shut the fuel
supply off to water heating units.
D.
Safety Devices.
1.
Devices to prevent the excessive buildup of heat and/or pressure
in the vessel must be provided on water heaters and other pressure
vessels.
a.
Temperature and pressure (T&P) relief valves are required
on or adjacent to hot water holding tanks but cannot be separated
from the tank by a check valve or shutoff valve.
b.
Temperature and pressure (T&P) relief valves are required
on water heaters and must be installed so that the sensing element
extends into the tank and monitors the temperatures in the top six
(6) inches of the tank.
(1)
Relief valves shall bear imprints, plates or tags
to indicate the specifications of the valve;
(2)
BTU rating of the temperature component of the
T&P relief valve must be equal to or greater than the input BTU
of the vessel it serves;
(3)
Pressure rating of the pressure component of the
T&P relief valve must be equal to or less than the pressure rating
of the vessel it serves.
E.
Relief valve discharge pipes shall be made of rigid pipe approved
for water distribution with a temperature rating of two hundred ten
degrees Fahrenheit (210° F.) or other materials approved by the
manufacturer to be used for this purpose, and:
1.
Be the same diameter, or larger, as the relief valve outlet;
2.
Be installed to drain by gravity flow and shall have no more
than one (1) elbow or be installed according to manufacturer's
specifications;
3.
Valves shall not be connected to the relief valve discharge
pipe; and
4.
Shall not discharge so as to be a hazard or a potential cause
of damage.
F.
Backflow Devices.
1.
All backflow devices used must meet local, State and Federal
codes. Potable water supplies shall be protected from sources of potential
contamination.
a.
The following shall be protected by reduced pressure zone (RPZ)
backflow prevention assembly: boiler units, fire sprinkler systems
with chemical additives, lawn sprinklers with facilities for injection
of pesticides, herbicides or other chemicals, and pumped or re-pressurized
cooling or heating systems.
b.
The following shall be protected by a double-check valve assembly:
establishment wide fire sprinklers not using chemical additives and
lawn sprinklers without facilities for injection of pesticides, herbicides
or other chemicals.
c.
The following shall be protected by vacuum breakers: threaded
faucets, flush valves and shower spray hoses. Commercial dishwashers
and commercial laundry machines shall be protected by either a vacuum
breaker or an air gap.
d.
The following shall be protected by air gaps: relief valve discharge
pipes from water heaters and water holding tanks, make-up waterlines
for cooling towers, potable water inlets to all plumbing fixtures,
water softeners, condensation waterlines and discharge lines from
commercial laundry machines. Swimming pool feed lines shall be protected
by either an air gap or double-check valve assembly.
e.
The following shall be protected by air breaks: ice containers
and ice machines.
f.
Fire sprinklers plumbed into a potable water line over gas water
heaters and/or furnaces shall not be required to install a backflow
device unless required by local ordinance.
[Ord. No. 18-01, 2-1-2018]
A.
The lodging establishment shall be constructed, operated and maintained
with strict regard to health and safety. Operation and maintenance
requirements shall include:
1.
Combustibles, whether solid, liquid or gaseous, shall be properly
used and stored so that they do not present a hazard to health or
life safety.
2.
Toxic, corrosive, oxidizing or other hazardous materials shall
be properly used, stored, and disposed of in such a manner that they
do not present a hazard to health or life safety.
3.
All guards placed on the sides of open face stairs shall be
attached to the stair in a sturdy manner and maintained in good repair.
All railings for balconies shall be attached to the balcony in a sturdy
manner and maintained in good repair.
4.
There shall be no storage on stairs or landings.
5.
Stairways, walks, ramps and porches shall be kept free of ice
and snow.
6.
Buildings must be adequately maintained to assure safe and sanitary
conditions.
7.
If the Regulatory Authority suspects that defects are present
with regard to the integrity of the structure or electrical system
of the lodging establishment, that authority may require the owner
to retain the services of a professional engineer to certify the lodging
establishment for building safety.
8.
All repairs, additions and maintenance must be conducted in
a manner that produces safe and sanitary conditions.
9.
Facilities using fuel-fired equipment or appliances that pose
a potential carbon monoxide risk, including facilities with attached
parking garages or wood burning fireplaces, shall install a carbon
monoxide detector(s). Carbon monoxide detectors shall be installed
according to manufacturer's specifications and should not be
placed within five (5) feet of gas-fueled appliances or near cooking
or bathing areas.
a.
Carbon monoxide detectors shall be in good working condition.
Detectors must be hardwired with a battery backup.
b.
Carbon monoxide detectors shall be tested at least monthly or
as needed to ensure they are operating properly and batteries shall
be changed as needed.
c.
Carbon monoxide detectors shall be required in rooms adjoining
or sharing a common ventilation system with an attached parking garage,
but shall not be required to be installed in the attached parking
garage area.
[Ord. No. 18-01, 2-1-2018]
A.
Installation and maintenance of electrical components shall be in
compliance with local codes. General requirements are as follows:
1.
New lodging establishments having electrical outlets installed
within five (5) feet of wet locations or outdoors are required to
be fitted with ground-fault circuit interrupters. Existing lodging
establishments undergoing a major renovation or rewiring shall be
required to install ground-fault circuit interrupters in electrical
outlets located within five (5) feet of wet locations or outdoors;
2.
Electrical switches, outlets and junction boxes must be covered
and properly protected from physical damage at all times;
3.
All appliances must be grounded to design specifications;
4.
Wire splices shall be located in covered junction boxes at all
times;
5.
Bare or frayed wiring is prohibited;
6.
Three-prong receptacles must be properly grounded at all times.
Non-grounded three-prong receptacles in existing lodging establishments
shall be replaced with two-prong receptacles or properly grounded;
7.
Temporary wiring and flexible cords cannot be used in place
of fixed wiring. Use of extension cords longer than six (6) feet shall
be prohibited unless provided with over-current protection or rated
with properly sized wire. No more than two (2) extension cords per
room may be used;
8.
Wattage of light bulbs shall not exceed the wattage rating of
corresponding light fixtures;
9.
Empty light sockets are prohibited;
10.
Circuit boxes shall be protected from physical damage and maintained
in good condition. Storage of items that obstruct the vision of or
access to circuit boxes is prohibited; and
11.
Access to electrical panels shall be unobstructed; fuses and
circuits must be labeled for identification.
[Ord. No. 18-01, 2-1-2018]
A.
Air-conditioning, heating, ventilating ductwork and related equipment
shall be installed using acceptable procedures in a safe manner and
be in good operating condition.
B.
Unvented fuel-fired heaters, fireplaces or other appliances and portable
electrical space heaters shall be prohibited from use in all areas
of the lodging establishment.
C.
Existing unvented fireplace installations may continue to be used,
upon approval of the Regulatory Authority, if the following conditions
are met:
1.
The appliance and installation meet the current National Fire
Protection Association 54 ANSI 223.1 National Fuel Gas Code requirements
for residential use.
2.
The local gas company conducts an inspection to assure the appliance
and installation meet the current National Fire Protection Association
54 ANSI 223.1 National Fuel Gas Code requirements for residential
use.
3.
A carbon monoxide detector is installed in accordance with all
applicable codes.
4.
The unvented fireplace is not the primary source of heat.
D.
Gas and electric heating equipment shall be equipped with thermostatic
controls.
E.
Gas water heaters, gas furnaces and other gas appliances shall be
properly vented to the outside, and the flue pipe shall be constructed
of galvanized pipe or material recommended by the manufacturer. All
galvanized pipe shall be secured by screws at every joint in the pipe.
F.
Joints in gas supply pipes shall be located outside the furnace cabinet
housing.
G.
Gas shutoff valves shall be located next to all gas appliances, gas
furnaces and gas water heaters.
H.
Rooms containing gas water heaters and/or gas furnaces shall have
an automatic sprinkler head installed off the domestic water system
with a hardwired smoke detector located directly outside the room
or shall be protected throughout by an approved, supervised automatic
sprinkler system or designed in a manner to be fire resistant.
1.
The sprinkler head should be rated for one hundred sixty-five
degrees Fahrenheit (165° F.) or appropriately rated for the specific
location and installed according to manufacturer's specifications
or approved by the Regulatory Authority. Existing installations may
continue to be used upon approval of the Regulatory Authority.
2.
The sprinkler head should be installed in a manner, so the water
spray will encompass the gas water heater and/or furnace.
3.
Pipes tying into the domestic water line shall be one-half (1/2)
inch or three-fourths (3/4) inch copper pipe or chlorinated polyvinyl
chloride (CPVC) pipe. Existing installations may continue to be used
upon approval of the Regulatory Authority.
4.
CPVC pipe must meet the current National Fire Protection Association
13 Standard for the Installation of Sprinkler Systems and National
Fire Protection Association 13R Standard for the Installation of Sprinkler
Systems in Residential Occupancies up to and Including Four (4) Stories
in Height.
5.
A smoke detector is not required to be located directly outside
the room if the door to the gas water heater and/or furnace room opens
directly to the outside.
6.
A smoke detector is not required to be located directly outside
the room if another smoke detector is already located within ten (10)
feet of the door.
7.
A fire-resistant room shall consist of walls and ceilings designed
to be fire resistant for a minimum of one (1) hour, with a one-hour
fire rated door and doorjamb. All openings into this room shall be
designed with one-hour fire rated materials.
[Ord. No. 18-01, 2-1-2018]
A.
Lodging establishments shall be kept in a clean and sanitary condition,
in good repair, and shall be maintained and operated with strict regard
to the health and safety of the patrons. The following items shall
be held in compliance:
1.
Walls, floors and ceilings of guest rooms shall be kept clean
and in good repair. Furnishings, including draperies, beds, appliances,
furniture and lamps, shall be kept clean and in good repair;
2.
Clean and proper housekeeping shall be employed in guest rooms
and related facilities:
a.
A room in use shall be cleaned at least each time a different
guest rents the room. If the same guest continuously occupies a room,
such as in the case of an extended stay lodging facility, the room
shall be cleaned at least weekly.
b.
Clean towels and washcloths shall be provided in the guest room
each day that guest room is occupied by a different guest.
c.
Clean bed linens shall be provided in the guest room each day
that guest room is occupied by a different guest. If the same guest
continuously occupies a room, bed linens and towels shall be changed
at least weekly. Bedspreads shall be clean and maintained in good
repair.
d.
Mattresses and box springs shall be clean and in good repair.
The sleeping surfaces of a mattress in use shall be completely covered
by a sheet. Excessively damaged or soiled mattresses and/or box springs
shall be replaced.
e.
Single-service drinking glasses and/or utensils, if provided
in guest rooms, shall be individually wrapped.
3.
Ice.
a.
Provided for guests and patrons' use shall be from a commercial
source or made from a potable water supply. The ice shall be protected
from contamination, which shall include the following:
(1)
Ice machines, dispensers or chests shall be sheltered
from the weather, kept in good repair and the ice compartment shall
be kept clean and free of mold, rust, debris, foreign objects or other
contaminants. All establishments that replace or add a new ice machine
shall only provide dispensing type self-service ice machines;
(2)
Ice machines and ice trays within guest refrigerators
shall be kept clean and sanitary. Ice shall be removed from the ice
bin and ice trays each time a different guest rents the room;
(3)
An approved scoop with a handle that is seamless
and without cracks shall be provided for each bin-type ice machine
or chest. The scoop may be stored in a holster in the ice compartment,
in a smooth non-absorbent holder outside the ice machine or chest,
or in another manner acceptable to the Regulatory Authority;
(4)
Individual ice buckets or containers, if provided,
shall be kept clean, in good repair, and constructed of a smooth,
non-absorbent, food-grade material.
(a)
If a food-grade single service liner is provided,
the individual ice buckets/containers shall be washed, rinsed and
sanitized as needed. Reuse of the food-grade single service liner
is prohibited.
(b)
If a food-grade single service liner is not provided,
the individual ice buckets/containers shall be washed, rinsed and
sanitized at least each time a different guest rents the room.
(5)
Ice buckets/containers and reusable glasses and
utensils, if provided, shall not be located within the room housing
the toilet unless approved by the Regulatory Authority; and
(6)
Ice buckets/containers, reusable glasses and utensils,
if provided, shall be washed, rinsed and sanitized using one (1) of
the following practices:
(a)
A sink with at least three (3) compartments shall
be provided for manually washing, rinsing, and sanitizing the reusable
items. Sink compartments shall be large enough to accommodate immersion
of the largest piece of equipment and utensil;
(b)
A mechanical dishwasher that meets the requirements
for washing, rinsing and sanitizing as outlined in the Cass County
Food Code; or
(c)
Other methods approved by the Regulatory Authority.
4.
The guest rooms, buildings and premises shall be kept neat and
free of refuse and debris.
a.
Garbage and refuse shall be stored in a covered, durable, leak
proof and pest-proof non-absorbent container. Outdoor trash containers
shall be stored on a smooth, hard surface such as concrete or machine-laid
asphalt that is sloped to drain, or other methods approved by the
Regulatory Authority.
b.
Garbage and refuse shall be disposed of on a routine basis.
c.
Plant growth or other items in close proximity to the lodging
establishment and its attendant facilities shall be maintained so
as not to create a nuisance through harborage (cover) for pests such
as insects, rodents, reptiles and other small animals.
d.
Items creating harborage for insects or pests, or creating a
health or safety hazard, shall be removed.
[Ord. No. 18-01, 2-1-2018]
A.
All establishments preparing, serving and/or handling food, must
be in compliance with Cass County Food Code.
[Ord. No. 18-01, 2-1-2018]
A.
Pests.
1.
Every lodging establishment shall be constructed and maintained
to prevent the entrance, harborage, or breeding of flies, cockroaches,
bedbugs, fleas, rats, mice, birds, and all other insects and pests.
Routine inspections of the premises shall be conducted to control
and minimize the presence of pests and eliminate harborage conditions.
B.
Regulation.
1.
Professional pest services shall be used for preventive maintenance
and for control and elimination of the presence of pests.
C.
Pesticide Application.
1.
Poisonous or toxic materials shall be:
[Ord. No. 18-01, 2-1-2018]
A.
A person may not operate a lodging establishment without a valid
permit to operate issued by the Regulatory Authority. All persons,
firms, partnerships, corporations and associations, either for profit
or non-profit, now or hereafter owning, operating or managing a lodging
establishment, shall obtain an operating permit for each such establishment
from the Director. The permit shall be issued only after an application
has been submitted and approved by the Director on forms to be furnished
by him or her. Permits are not transferable with any changes in ownership.
B.
Plan Reviews.
1.
Prior to a lodging establishment being constructed, extensively
remodeled, or an existing structure converted for use as a lodging
establishment, properly prepared plans and specifications for the
construction, remodeling, or conversion must be submitted to the Regulatory
Authority for review and approval before construction, remodeling,
or conversion can begin. The plans and specifications must indicate
the proposed layout, arrangement, construction materials of work areas,
and the type and model number of proposed fixed equipment and facilities.
The plans, submitted and drawn to scale, must be legible and complete
in all details. Other departments must approve plans before building
permits can be drawn and construction may begin.
C.
Review Processing Time.
1.
The Regulatory Authority will review the plans and specifications
if they meet the requirements. The Regulatory Authority will report
findings for the plan review within thirty (30) days of the date the
plans are received.
D.
Construction.
1.
The establishment must be constructed and finished in conformance
with the approved plans.
[Ord. No. 18-01, 2-1-2018]
A.
No operating permit shall be issued by the Director until the applicant
therefore has complied with the rules and regulations promulgated
by the Director and all provisions of this Article. The Director is
authorized and directed to endorse on the operating permit such conditions
and requirements which in his/her best judgment and discretion are
necessary for the protection of the health and safety of the persons
utilizing such lodging establishment. Such conditions and requirements
shall conform as closely as possible to the rules and regulations
promulgated by the Director. Such rules and regulations shall not
be so strictly construed to operate hardship upon any applicant; but
the Director shall have discretion to prescribe reasonable conditions
and requirements to carry out the scope, purpose and intent of this
Article.
[Ord. No. 18-01, 2-1-2018]
A.
Upon acceptance of the permit issued by the Regulatory Authority,
the permit holder in order to retain the permit shall:
1.
Comply with all provisions of this Article, and the rules and
regulations promulgated by the Director, as such provisions, rules
and regulations may be amended from time to time, and also each and
every condition and requirement endorsed upon such permit or any renewal
thereof issued under this Section, as such conditions and requirements
may be amended by the Director;
2.
Post the permit in a location in the lodging establishment that
is conspicuous to the public;
3.
Immediately discontinue operations and notify the Regulatory
Authority if an imminent health hazard may exist because of an emergency
such as a fire, flood, extended interruption of electrical or water
service, sewage backup, gross insanitary occurrence or condition,
or other circumstance that may endanger public health;
4.
Allow representatives of the Regulatory Authority access to
the lodging establishment at all times of operation and other reasonable
times;
5.
Comply with directives of the Regulatory Authority including
time frames for corrective actions specified in inspection reports,
notices, orders, warnings, and other directives issued by the Regulatory
Authority in regard to the permit holder's lodging establishment,
or in response to community emergencies;
6.
Accept notices issued and served by the Regulatory Authority
according to law; and
7.
Be subject to the regulatory, civil, injunctive, and criminal
remedies authorized in law for failure to comply with this Code or
a directive of the Regulatory Authority, including time frames for
corrective actions specified in inspection reports, notices, orders,
warnings, and other directives.
[Ord. No. 18-01, 2-1-2018]
A.
To qualify for a permit, the applicant shall:
[Ord. No. 18-01, 2-1-2018]
A.
Application Contents.
1.
Before any permit shall be issued, all persons now or hereafter
owning, operating or managing a lodging establishment shall complete
an application for an operating permit on forms furnished by the Director.
The application shall show the location, operation, specifications
and such other information of the existing or proposed lodging establishment
as may be required by the Director.
B.
Investigation Of Establishment.
1.
Upon receipt of an application, the Director shall cause an
investigation to be made of the existing establishment, or the plans
and specifications of a proposed establishment, to determine if such
applicant meets the requirements of this Article and the rules and
regulations promulgated under this Article.
C.
Application Fee.
1.
An application fee shall accompany the initial application and
also any instance where a permit holder may thereafter apply to the
Director for a modification of the particular requirements and conditions
embodied in such permit. Please refer to the current Cass County Fee
Schedule for fees.
D.
Permit Fee.
1.
Fees shall be based upon the number of rooms in a lodging establishment.
Please refer to the current Cass County Fee Schedule for fees.
E.
Reinstatement Fee.
1.
There shall be a fee for the reinstatement of any permits that
have been suspended. Please refer to the current Cass County Fee Schedule
for fees.
F.
Late Fee.
1.
Permit renewals not submitted to the Health Department by July
1 will be charged a late fee per month. Facilities that have not paid
the appropriate fee by August first may be subject to cease operation
until all fees have been paid. Please refer to the current Cass County
Fee Schedule for fees.
G.
Re-Inspection Fee.
1.
The Regulatory Authority shall assign a fee when a re-inspection
is assigned based on the number of rooms. Please refer to the current
Cass County Fee Schedule for fees.
I.
Existing Establishments, Permit Renewal And Change Of Ownership.
1.
The Regulatory Authority may renew a permit for an existing
lodging establishment or may issue a permit to a new owner of an existing
lodging establishment after a properly completed application is submitted,
reviewed, and approved, the fees are paid, and an inspection shows
that the establishment is in compliance with this Code.
[Ord. No. 18-01, 2-1-2018]
A.
If an application for a permit to operate is denied, the Regulatory
Authority shall provide the applicant with a notice that includes:
[Ord. No. 18-01, 2-1-2018]
A.
Inspection And Reporting Required.
1.
The Director shall cause periodic inspections to be made of
all lodging facilities regulated under this Article to ensure that
the holder of the operating permit issued under this Article is complying
with the provisions of this Article, the rules and regulations promulgated
by the Director, as they may be amended from time to time, and the
conditions and requirements set forth in the operating permit issued
for the particular establishment for which the operating permit was
issued or renewed.
B.
The person operating a lodging establishment shall, upon the request
of the Regulatory Authority and after proper identification, permit
access to all parts of the establishment at any reasonable time for
purpose of inspecting and shall exhibit and copy records or information
to check or show compliance with these regulations.
C.
Allowed Access At Reasonable Times After Due Notice.
1.
After the Regulatory Authority presents official credentials
and provides notice of the purpose of, and an intent to conduct, an
inspection, the person in charge shall allow the Regulatory Authority
to determine if the lodging establishment is in compliance with this
Code by allowing access to the establishment, allowing inspection,
and providing information and records specified in this Code and to
which the Regulatory Authority is entitled according to law, during
the lodging establishment's hours of operation and other reasonable
times.
D.
Refusal; Notification Of Right To Access; Final Request For Access.
E.
Refusal; Reporting.
1.
If after the Regulatory Authority presents credentials and provides
notice, explains the authority upon which access is requested, and
makes a final request for access, the person in charge continues to
refuse access, the Regulatory Authority shall provide details of the
denial of access on an inspection report form.
G.
H.
Non-Health-Hazardous Or Life-Threatening Violations; Opportunity
To Correct.
1.
During an inspection, if the Regulatory Authority discovers
that a permit holder has failed to comply with this Article or the
rules and regulations established by the Director, and the violation
is not life-threatening or a potentially serious health hazard, he
or she shall:
a.
Inform the permit holder, his/her agent, or employee, in writing,
that violation(s) exist;
b.
Allow the permit holder an opportunity to correct the violations
within a reasonable period, as determined by the Regulatory Authority;
and
c.
Re-inspect the lodging establishment to determine if the violation(s)
still exist.
I.
Health-Hazardous Or Life-Threatening Violations; Opportunity To Correct.
1.
During an inspection, if the Regulatory Authority discovers
that a permit holder has failed to comply with this Article or the
rules and regulations established by the Director, and the violation
is or may become life-threatening or a potentially serious health
hazard, he or she shall:
a.
Immediately lock, secure or close the area of violation and
post a sign indicating that the room, area and/or lodging establishment
is closed.
(1)
A notice posted by the Regulatory Authority shall
be removed only by the Regulatory Authority.
b.
Inform the permit holder or his/her agent, or employee, in writing,
that a violation exists;
c.
Allow the permit holder an opportunity to correct the violation
within a reasonable period of time, as determined by the Director;
and
d.
Re-inspect the lodging establishment to determine if the violation
still exists.
J.
Timely Correction.
1.
The permit holder shall at the time of inspection correct any
health hazardous or life-threatening violation of the Code and implement
corrective actions to prevent violation from recurring.
2.
Considering the nature of the potential hazard involved and
the complexity of the corrective action needed, the Regulatory Authority
may agree to or specify a longer time frame, not to exceed ten (10)
calendar days after the inspection, for the permit holder to correct
health hazardous or life-threatening violation.
3.
For non-health-hazardous or life-threatening violation the permit
holder shall correct violation by a date and time agreed to or specified
by the Regulatory Authority but no later than thirty (30) calendar
days after the inspection.
4.
The Regulatory Authority may approve a compliance schedule that extends beyond the time limits specified under Subsection (J)(3) of this Section if a written schedule of compliance is submitted by the permit holder and no health hazard exists or will result from allowing an extended schedule for compliance.
5.
If the Regulatory Authority finds the permit holder still in
violation after three (3) re-inspections, the Regulatory Authority
shall notify the permit holder, in writing, of the intention to suspend
or revoke the permit and allow the permit holder an opportunity for
a hearing.
K.
Refusal To Sign Acknowledgment.
1.
The Regulatory Authority shall inform a person who declines
to sign an acknowledgement of receipt of inspectional findings that:
a.
An acknowledgment of receipt is not an agreement with findings;
b.
Refusal to sign an acknowledgement of receipt will not affect
the permit holder's obligation to correct the violations noted
in the inspection report within the time frames specified;
c.
A refusal to sign an acknowledgment of receipt is noted in the
inspection report and conveyed to the Regulatory Authority's
historical record for the lodging establishment; and
d.
Make a final request that the person in charge sign an acknowledgement
receipt of inspectional findings.
[Ord. No. 18-01, 2-1-2018]
A.
Suspension.
1.
The Regulatory Authority may summarily suspend an establishment's
permit by providing written notice of the summary suspension to the
permit holder or person in charge, without prior warning, notice of
hearing, or a hearing if and when:
a.
The Regulatory Authority determines through inspection or other
means as specified in this Code, that an actual or imminent health
hazard exists;
b.
Operations, facilities, or equipment in the lodging establishment
fail to comply with conditions specified in this Code;
c.
The permit holder does not comply with regulations specified
in this Code; or
d.
Interference with the Regulatory Authority in the performance
of its duties has occurred.
B.
Term Of Suspension; Reinstatement Of Permit.
1.
A summary of suspension shall remain in effect until the conditions
cited in the notice of suspension no longer exist and their elimination
has been confirmed by the Regulatory Authority through re-inspection
and other means as appropriate. The Regulatory Authority may initiate
any one (1), or a combination of, compliance methods that include,
but are not limited to:
C.
Time Frame For Reinstatement.
1.
After receiving a written request from the permit holder stating
that the conditions cited in the summary suspension order no longer
exist, the Regulatory Authority shall conduct a reinstatement inspection
of the lodging establishment for which the permit was summarily suspended
within two (2) business days, which means two (2) days during which
the Regulatory Authority's office is open to the public.
[Ord. No. 18-01, 2-1-2018]
A.
The Regulatory Authority may revoke a lodging establishment permit
after providing the permit holder an opportunity for a hearing if:
1.
Serious and repeated violation(s) of any requirement of these
regulations according to this Code have occurred.
2.
Repeated interference with, or assault upon a representative
of the Regulatory Authority in the performance of his/her duty.
3.
Permit holder fails to comply with a permit suspension order.
The Regulatory Authority may adopt and use a permit suspension process
different than specified under the provisions of this Code.
B.
Revocation Procedure; Reinstatement Of Permit.
1.
Before revocation, the Regulatory Authority shall notify, in
writing, the permit holder of the specific reason(s) why the permit
is to be revoked. The notice will state:
a.
The permit will be revoked at the end of the ten (10) calendar
days following the notice unless a written request for a hearing is
filed with the Regulatory Authority by the permit holder within such
ten-day period;
b.
If a request for a hearing is not filed by the permit holder
within the ten-day period, the revocation of the permit becomes final;
c.
Any person whose lodging establishment permit has been revoked
by the Regulatory Authority, after a period of six (6) months, may
make written application for a new permit and request a hearing with
the Regulatory Authority to determine whether a new permit will be
issued; and
d.
The Regulatory Authority may use a permit revocation process
different than specified under the provisions of this Code.
[Ord. No. 18-01, 2-1-2018]
A.
When requested by the permit holder, the Director shall grant hearings
to determine if a suspension or revocation shall take effect. The
permit holder shall be allowed to show cause why such action should
not be taken.
B.
Hearing.
1.
The Director shall afford a hearing within ten (10) business
days after receiving a written request for an appeal hearing from
the permit holder.
C.
Record Of Proceedings.
1.
The Director shall cause to be made a true and accurate transcript
of such proceedings, and any appeal or review thereof by such permit
holder shall be taken in accordance with the law.
D.
Action By Director.
1.
After any hearing shall be concluded, the Director shall make
findings of fact and conclusions of law upon which his or her decision
shall be based. Such conclusions may result in either no action taken
due to no violation, suspension or revocation.
E.
Automatic Suspension.
1.
Failure of a permit holder to appear at the hearing shall result
in automatic suspension or revocation of the permit.
F.
Suspensions; Reinstatements Of Permits; Length Of Suspension.
1.
After a hearing, if the Director finds the permit holder to
be in violation of this Article or the rules and regulations and suspends
the permit, the permit holder shall lock, secure or close the area(s)
of violation and post a sign indicating that the lodging establishment
is closed.
2.
Failure of the permit holder to lock, close, or secure the lodging
establishment and maintain such signage during suspension may result
in revocation of the permit.
3.
If the permit holder has corrected the violation during a period
of suspension, he or she shall notify the Regulatory Authority of
the intention to have the permit reinstated.
4.
The Regulatory Authority shall re-inspect the premises. If the
violation no longer exists, the Regulatory Authority will leave written
notification that the permit has been reinstated. Such notice shall
also notify the permit holder that the closure signage may be removed,
and the lodging establishment may once again operate.
5.
The Regulatory Authority shall charge a reinstatement fee whenever
a suspended permit is reinstated upon a re-inspection. Please refer
to the current Cass County Fee Schedule for fees.
6.
Suspensions in effect longer than ninety (90) days shall result
in a permit revocation.
[Ord. No. 18-01, 2-1-2018]
A.
The Director shall have the duty and responsibility of enforcing
the provisions of this Article and the rules and regulations promulgated
by him/her, or any amendments in requirements or conditions of any
permit issued under this Article; and, in addition thereto, he or
she shall keep records of all operating permits issued or renewed
and any changes thereof, prepare a form of application for such permit,
cause an inspection of the premises to be made at any reasonable time
of any permit holder, make any amendments to the conditions and requirements
either before or after an operating permit is issued, or do any other
matter or thing necessary to carry out the intent, purpose and scope
of this Article and the rules and regulations promulgated under this
Article.
[Ord. No. 18-01, 2-1-2018]
A.
Scope Of Authority.
1.
The Director shall formulate rules and regulations for implementing
the provisions of this Article. Such rules and regulations shall be
filed with the City Clerk, and, when so filed, shall be in effect
as part of this Article. Such rules may be modified or superseded
by other rules and regulations filed by the Director from time to
time.
B.
Scope Of Regulations.
1.
The Director shall have power and authority to make provisions
in such rules and regulations for health, sanitation and adequate
lodging safety as such rules and regulations may appertain to each
and every holder of a permit under this Article; and such provisions,
conditions or requirements shall be subject to modification, deletions,
additions or other change or alteration as to any holder of a permit
as the Director may find and determine at any time.
[Ord. No. 18-01, 2-1-2018]
A.
The provisions on these regulations shall be severable. In the event
any Section, paragraph, sentence, clause, phrase or portions of these
regulations are declared invalid for any reason, the remainder of
these regulations shall not be affected thereby. The Regulatory Authority
will administer and interpret the provisions of these regulations.
The Regulatory Authority shall have all powers necessary to administer
and enforce the provisions of these regulations.
[Ord. No. 18-01, 2-1-2018]
A.
Any person violating any provision of this Article, the rules and regulations of the Director, or the conditions and requirements contained in the operating permit, as any or all of such provisions, rules, regulations, conditions or requirements may be amended, shall be deemed guilty of an ordinance violation, and upon conviction thereof shall be punished as provided in Section 225.730. Such violations apply to actions or inactions taken by the permit holder, his or her agents, servants or employees.
B.
Failure of any person to obtain an operating permit or keep the permit
in force and effect by proper renewal thereof, where an operating
permit is required, shall constitute a violation of this Article.
C.
Where the permit holder is a corporation or other association authorized
by law to act only through an officer thereof, the officers executing
the application, or their successors shall be the responsible person
subject to the penalties set forth in this Section for the violation
of this Article.
[Ord. No. 18-01, 2-1-2018]
A.
The Regulatory Authority may seek to enforce the provisions of this
Code and its orders by instituting criminal proceedings as provided
in law against the permit holder or other persons who violate its
provisions.
B.
A person who violates a provision of this Code shall be guilty of
an ordinance violation, punishable by:
[Ord. No. 18-01, 2-1-2018]
A.
A summary suspension order shall be:
2.
Clearly posted by the Regulatory Authority at a public entrance
to the lodging establishment and a copy of the notice sent by First
Class Mail to the permit holder or to the owner, as appropriate.
3.
A notice posted by the Regulatory Authority at the public entrance
to the lodging establishment shall be removed only by the Regulatory
Authority.
[Ord. No. 18-01, 2-1-2018]
A.
The Regulatory Authority may seek a regulatory or judicial remedy
to achieve compliance with the provisions of this Code if a person
operating a lodging establishment:
1.
Fails to have a valid permit to operate a lodging establishment;
2.
Violates any term or condition of a permit;
3.
Allows serious or repeated violations to remain uncorrected
beyond time frames for correction approved, directed, or ordered by
the Regulatory Authority;
4.
Fails to comply with an order issued as a result of a hearing
for a regulatory remedy; or
5.
Fails to comply with a summary suspension order issued by the
Regulatory Authority.
[Ord. No. 18-01, 2-1-2018]
A.
A notice issued in accordance with this Code shall be considered
to be properly served if it is served by one (1) of the following
methods:
1.
The notice is personally served by the Regulatory Authority,
a Law Enforcement Officer, or a person authorized to serve a civil
process to the permit holder;
2.
The notice is sent by the Regulatory Authority to the last known
address of the permit holder or the person operating a lodging establishment
without a permit, by registered or certified mail or by other public
means so that a written acknowledgment of receipt may be acquired;
or
3.
The notice is provided by the Regulatory Authority in accordance
with another manner of service authorized in law.
[Ord. No. 18-01, 2-1-2018]
A.
The Regulatory Authority shall treat inspection reports as public
documents and shall make them available for disclosure to a person
who requests it as provided in law. The Regulatory Authority may also
publish information from the inspection report on the internet.
