In 2012 WLA was successful in working with the State Building Code Council to secure exceptions to the rule requiring carbon monoxide alarms in every guestroom.  The rule, effective in existing hotels January 1, 2013 (and already in effect in newly-constructed hotels), will require you to provide at least a common area carbon monoxide alarm.  And, depending upon the presence of fuel-burning fireplaces and appliances, and evaluating duct work, etc., more CO alarms may be required at your property.  To evaluate your requirements, please review the following rule and the Washington State Building Code Council fact sheet.

 

NOTE: As of July 1, 2013, the rule will change to specify that carbon monoxide alarms shall be installed and maintained in accordance with NFPA 720-2012 (NFPA 720 until July 1, 2013) and the manufacturer’s instructions.

 

WAC 51-50-0908 (Effective Until July 1, 2013.)

Section 908 — Emergency alarm systems.[F] 908.7 Carbon monoxide alarms. Group R occupancies shall be provided with carbon monoxide alarms. The carbon monoxide alarms shall be listed as complying with UL 2034 and be installed and maintained in accordance with NFPA 720 and the manufacturer’s instructions.

EXCEPTION:   Sleeping units or dwelling units in R-1 occupancies and R-2 college dormitories, hotel, and DSHS licensed boarding home and residential treatment facility occupancies which do not themselves contain a fuel-burning appliance, or a fuel-burning fireplace, or have an attached garage, but which are located in a building with a fuel-burning appliance, or a fuel-burning fireplace, or an attached garage, need not be provided with carbon monoxide alarms provided that:

1. The sleeping unit or dwelling unit is not adjacent to any room which contains a fuel-burning appliance, a fuel-burning fireplace, or an attached garage; and

2. The sleeping unit or dwelling unit is not connected by duct work or ventilation shafts with a supply or return register in the same room to any room containing a fuel-burning appliance, a fuel-burning fireplace, or to an attached garage; and

3. The building is provided with a common area carbon monoxide alarm system.

4. An open parking garage, as defined in the International Building Code, or enclosed parking garage ventilated in accordance with Section 404 of the International Mechanical Code shall not be deemed to be an attached garage.

 908.7.1 Carbon monoxide detection systems. Carbon monoxide detection systems, that include carbon monoxide detectors and audible notification appliances, installed and maintained in accordance with this section for carbon monoxide alarms and NFPA 720 shall be permitted. The carbon monoxide detectors shall be listed as complying with UL 2075.

 

WAC 51-50-0908 (Effective July 1, 2013.)

Section 908 — Emergency alarm systems.

[F] 908.7 Carbon monoxide alarms. Group I or Group R occupancies shall be provided with single station carbon monoxide alarms installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units or sleeping units and on each level of the dwelling. The carbon monoxide alarms shall be listed as complying with UL 2034 and be installed and maintained in accordance with NFPA 720-2012 and the manufacturer’s instructions.

EXCEPTIONS:

1. For other than R-3 [R-2] occupancies, the building does not contain a fuel-burning appliance, a fuel-burning fireplace, or an attached garage; or

2. Sleeping units or dwelling units in I and R-1 occupancies and R-2 college dormitories, hotel, and DSHS licensed boarding home and residential treatment facility occupancies which do not themselves contain a fuel-burning appliance, or a fuel-burning fireplace, or have an attached garage, need not be provided with carbon monoxide alarms provided that:

a. The sleeping unit or dwelling unit is not adjacent to any room which contains a fuel-burning appliance, a fuel-burning fireplace, or an attached garage; and

b. The sleeping unit or dwelling unit is not connected by duct work or ventilation shafts with a supply or return register in the same room to any room containing a fuel-burning appliance, a fuel-burning fireplace, or to an attached garage; and

c. The building is provided with a common area carbon monoxide detection system.

3. An open parking garage, as defined in Chapter 2 of the International Building Code, or enclosed parking garage ventilated in accordance with Section 404 of the International Mechanical Code shall not be considered an attached garage.

908.7.1 Carbon monoxide detection systems. Carbon monoxide detection systems, that include carbon monoxide detectors and audible notification appliances, installed and maintained in accordance with this section for carbon monoxide alarms and NFPA 720-2012 shall be permitted. The carbon monoxide detectors shall be listed as complying with UL 2075.

Questions? Don’t hesitate to call or write. And should you need a source for your property’s CO alarms, you might consider asking WLA’s allied member, FIRST ALERT / BRK BRANDS, Thomas M. Russo, trusso2@jardensafety.com, 630-851-7330, www.firstalert.com, for a bid.

(March 20, 2013) The American Hotel & Lodging Educational Foundation has released its Lodging Tax Study which was commissioned to provide current information on state lodging tax structures, total lodging tax collections and lodging taxes in the largest cities. The 34-page study includes:

Dave Werme with Bell-Anderson Insurance prepared the following information for WLA members.

 

Hoteliers in Washington State have been subject to an increase in the number of inspections for compliance with Occupational Safety and Health Administration (OSHA) and Washington Industrial Safety and Health Act (WISHA) regulations. Failure to meet requirements has been resulting in significant fines and penalties, and one of the largest focus areas for fines has been the lack of a formal or effective program for protecting against bloodborne pathogens.

One doesn’t expect to come into contact with blood or other bodily fluids while working at a hotel, but there can be unexpected exposure–especially with housekeeping. Because of this risk, hoteliers need to be prepared to protect guests, their employees and their properties from bloodborne pathogens.

It is not possible to tell by looking at blood whether it has been contaminated with a pathogen, so it is important to treat all blood as if it were infectious. This is because it is possible to contract a disease if infected blood comes into contact with broken skin, such as a cut or rash, or with mucous membranes, such as those inside the nose, eyes or mouth.

Here are some general procedures for employees who come into contact with blood:

WLA Resources Help Make ADA Compliance Easier

Pool and Spa Accessibility Requirements Go into Effect January 31

Regardless of when it was built, if your property has a pool or a spa it falls under new Department of Justice (DOJ) guidelines which go into effect on January 31. If “readily achievable,” lodging facilities must provide either a pool lift or sloped entry to help people with disabilities enter and exit the water. Larger pools with 300 linear feet or more of wall must provide two accessible means of entry. The DOJ guidelines also require facilities to:

 

WLA Allied Member and Cairncross & Hempelmann Attorney Sandip Soli shares important advice with WLA members on how to avoid drive-by lawsuits filed not by patrons, but by individuals out to make a profit on the American with Disabilities Act.

Look Out for Drive-by ADA Lawsuits: Are You Ready?

From Cairncross & Hempelmann’s blog, eat. drink. shop. stay.

Over the past several years, hoteliers, retailers and restaurant owners across the country have been slapped with thousands of private lawsuits for failing to meet the precise guidelines of the Americans with Disabilities Act (ADA). Often these lawsuits are brought by individuals who are not patrons of these establishments. Rather, they visit the establishment for the express purpose of finding a violation of the ADA and filing suit. These actions, known as “drive-by” lawsuits are on the rise and are costing the hotel, retail and restaurant industries millions of dollars per year.

Under the ADA, places of public accommodation such as hotels, restaurants and retail stores must be accessible to guests with disabilities. Every few years, the ADA Accessibility Guidelines (www.access-board.gov/ada) are updated and all public accommodations (businesses and non-profits alike) are expected to review their facilities for compliance and make changes accordingly. Examples of accessibility issues include providing disabled parking, installing wheelchair ramps, widening doorways and removing other barriers to accessibility.

If a public accommodation is not in compliance with the most up to date guidelines, an individual (or individuals) may bring a lawsuit in court alleging that the business violated the ADA. Currently, the ADA does not require that individuals give the businesses notice of the alleged ADA violations before filing suit, so these lawsuits are often unexpected.

In a typical “drive-by” lawsuit, a disabled person visits various businesses to look for potential ADA violations. If any violations are discovered, the person will file a lawsuit against the business and seek repairs and attorneys’ fees and costs (which are allowed under the ADA). Rather than face expensive litigation, businesses will often settle these suits out of court for a modest sum — around $4,000 to $6,000.

For tips on how to avoid these lawsuits, read the full article here.

For more information, please contact WLA allied member:

Sandip Soli, Attorney
Cairncross & Hempelmann
524 Second Ave., Ste 500
Seattle, WA 98104-2323
206-254-4493

The team of attorneys at Cairncross & Hempelmann aim to serve the changing needs of retailers, restaurants, specialty food vendors, hotels, hospitality industry clients and retail developers/landlords. Their team is compromised of talented and experienced attorneys from the law firm’s core practice areas, including real estate, business, technology, employment and litigation. Beyond the legal skills that each team member brings to each project, each offers significant, hands-on experience with high-profile clients and employers. Whether as outside counsel for well-known brands or as individual specialists guiding small entities through legal issues, each team member of Cairncross & Hempelmann leverages the skills and experience of all lawyers in the firm to collectively provide their clients with the best possible service.

WLA Resources Help Members with ADA Compliance

With new ADA regulations coming online in 2013, it is important for owners and operators to understand what they need to do to remain in compliance with the American with Disabilities Act. Click here to view WLA’s extensive list of resources to link you to information you need.

The U.S. Department of Labor (DOL) is planning an aggressive initiative specifically targeting the lodging and restaurant industries for audits by the department’s Wage and Hour Division.

DOL has labeled the lodging and restaurant industries as “high-risk industries,” as it claims violations of federal wage and hour laws are likely to occur. The department has also chosen to consider employees in the lodging industry as “vulnerable workers.” As a result, you may expect a DOL audit, covering all your employees. Be certain your record keeping is up to date including method and process of hiring, analysis of employee job compensation, time sheets, basis for job classifications, employee involvement in federal compliance plans and documentation if you use the H2B immigration program or a similar program. Site visits may or may not be announced and in “Desk Audits” you will be required to send all of your paperwork (two years back) to them. A site visit will allow you four hours to produce your records. They will likely want a tour and talk with individual employees…which you should orchestrate. There will be more litigation in the program’s “regulation by shaming.” And there are no assurances of settlements following a violation…or relief because you use an umbrella company to hire and provide your personnel. All employees are encouraged to file complaints with the Department. 85% of all cases investigated arise from employee complaints. The Department will step up actions with 250 new inspectors.

OSHA’s new director says there is a “New Sheriff in Town” and she is moving forward aggressively and seeking to increase State actions as well. Ergonomics is back with any “perceived” injury required to be entered on Forms 300 or 301. The Department believes businesses are suppressing employee reporting of injuries and medical care. One emphasis will be on multi-lingual training and rules…with your managers and supervisors well trained in these.

To assist you during these audits, refer to the following resources from the American Hotel & Lodging Association: