Title 8 HEALTH AND SAFETY
Chapter 8.03 HOTEL, MOTEL AND ROOMING HOUSE OPERATING STANDARDS
8.03.010 Title.
8.03.020 Purpose.
8.03.030 Scope.
8.03.040 Definitions.
8.03.050 Management Practices.
8.03.060 Inspection of records and facilities.
8.03.070 Property security.
8.03.080 Housekeeping conditions in excess of normal “wear and tear.”
8.03.090 Room furnishings.
8.03.100 Exterior of property.
8.03.110 Common areas.
8.03.120 Criminal and nuisance activity.
8.03.130 Duplicated regulation.
8.03.140 Separate offenses.
8.03.150 Enforcement by alternative methods of code enforcement.
8.03.160 Abatement--Imminent danger.
8.03.170 Recovery of abatement costs.
8.03.010 Title.
These regulations shall be known as hotel, motel and rooming house
operating standards. (Ord. 12136 § 2 (part), 1999)
8.03.020 Purpose.
The general purpose of these regulations are to promote the health,
safety, comfort, convenience, prosperity, and general welfare by requiring that
businesses that offer shelter to visitors, transient guests, and other residents
provide a minimum level of cleanliness, quality, and security. (Ord. 12136
§ 2 (part), 1999)
8.03.030 Scope.
These provisions shall apply to businesses such as hotels, motels, and
rooming houses which provide shelter, furniture, linens, and housekeeping
services, etc. within the guest room(s) and throughout the property. These
provisions shall not apply to permanent residential facilities wherein the owner
is responsible for providing the shelter, but does not provide furniture,
linens, or housekeeping services or with residential care facilities as defined
in Oakland Planning Code (OPC) Section 17.10.210. (Ord. 12136 § 2 (part),
1999)
8.03.040 Definitions.
For the purposes of this chapter certain words and phrases are defined,
and certain provisions shall be construed, as herein set out unless it shall be
apparent from the context that they have a different
meaning:
“Hotel” means any facility as defined in Oakland
Municipal Code (OMC) Section 4.24.020. “Rooming house” means any
rooming house residential facility as defined in Section 17.10.690 that houses a
permanent residential activity (OPC Section 17.10.110) or semi-transient
residential activity (OPC Section 17.10.120) (Ord. 12136 § 2 (part),
1999)
8.03.050 Management Practices.
A. Room Rates. Room rates shall be posted in a prominent location in the
guest rooms. Posting room rates in the reception area is strongly encouraged.
Guests shall not be charged in excess of posted rates. A range of rates is
acceptable.
B. Management Accessibility. A property management
representative shall be accessible, in person or by telephone, on a twenty-four
(24) hour basis. (Also see OMC Section 5.34.051.)
C. Guest Complaints. The
telephone number and address for the city Building Official shall be posted in a
prominent location in the guest rooms. Posting in the reception area is strongly
encouraged. (Ord. 12136 § 2 (part), 1999)
8.03.060 Inspection of records and facilities.
A. Other Records and Hotel Facilities Subject to Inspection, Review and
Audit. Upon a showing of probable cause therefor by the Director of Finance or
his or her designee, or by any police officer, code compliance, fire or zoning
inspector of the city, the City Attorney shall issue an administrative subpoena
compelling the inspection of rooms and facilities, and/or the production of
guest registers and other records necessary to determine compliance with all
applicable regulations, including but not limited to building, fire, health,
occupancy, and blight codes, and to verify collection and payment to the city of
all taxes owed.
B. Independent Agency Inspections. The city shall conduct
annual or bi-annual inspections of all businesses subject to the regulations
specified in this chapter. The City Manager or designee is authorized to
promulgate administrative regulations to allow the acceptance of satisfactory
ratings conferred by recognized, independent agencies in lieu of a city
inspection, provided that the independent inspection is based upon performance
and facility standards equal to or in excess of the standards commemorated in
this chapter. (Ord. 12136 § 2 (part), 1999)
8.03.070 Property security.
A. Guest Room Locks. On or after September 10, 1999, the following is
required:
Install and maintain an operable dead bolt lock on each main
swinging entry door of a dwelling unit. The dead bolt lock shall be installed in
accordance with the manufacturer’s specifications and shall comply with
applicable state and local codes including, but not limited to, those provisions
relating to fire and life safety and accessibility for the disabled. When in the
locked position, the bolt shall extend a minimum of 13/16 of an inch in length
beyond the strike edge of the door and protrude into the doorjamb.
This
section shall not apply to horizontal sliding doors. Existing dead bolts of at
least one-half inch in length shall satisfy the requirements of this
section.
Existing locks with a thumb-turn deadlock that have a strike plate
attached to the doorjamb and a latch bolt that is held in a vertical position by
a guard bolt, a plunger, or an auxiliary mechanism shall also satisfy the
requirements of this section. These locks, however, shall be replaced with a
dead bolt at least 13/16 of an inch in length the first time after July 1, 1999
that the lock requires repair or replacement.
B. Viewports. Each door shall
have a viewport or window convenient to the door. Properties with fire resistive
construction rated (“fire rated”) doors, at the time of the adoption
of the ordinance codified in this chapter, are exempt from this provision to the
extent that installing a viewport would negatively affect the fire
rating.
C. Connecting Doors. Each door connecting two guest units that share
a common wall shall be equipped with a functional deadbolt lock.
D. Window
Locks. All windows designed to be opened shall have an operable window security
or locking device. Louvered windows, casement windows, and all windows more than
twelve (12) feet vertically from the ground are excluded from this subdivision,
except where the window is within eight (8) feet horizontally of a roof or any
other platform area.
E. Exit Doors. See Section 15.08.240 of the Oakland
Municipal Code. (Ord. 12136 § 2 (part), 1999)
8.03.080 Housekeeping conditions in excess of normal “wear and tear.”
(Also see Chapter 15.08 “Housing Code”)
A. Mattress
Condition/Cleanliness. Mattresses shall be free of stains, holes, rips or odors
in excess of normal wear and tear, and maintained in a sanitary, nondefective
condition (e.g., without broken springs, indentations, sags, etc.).
B. Linen
Condition/Cleanliness. Where provided by management, linens shall be free of
stains, holes, rips or odors in excess of normal wear and tear and shall be
cleaned at change of occupancy or at least once a week when occupancy does not
change. Linens shall be cleaned in hot water at least 43°C (110°F) for
a minimum of twenty-five (25) minutes.
C. Bathroom Condition/Cleanliness.
Bathroom fixtures (e.g., toilet, bathtub, sink, mirror) shall be maintained
without significant cracks, chips, or stains. Floors shall be washed with hot
water and a sanitizer at change of occupancy or at least once a week when
occupancy does not change. Daily cleaning schedules shall be maintained in the
manager’s office.
D. Carpet Condition/Cleanliness. Carpeting shall be
free of stains, holes, rips or odors in excess of normal wear and tear, and
maintained in a sanitary, nondefective condition.
B. Floor
Condition/Cleanliness. Floor surfaces shall be made of nonabsorbent material.
All surfaces and tile grouting shall be maintained without cracks, rips or
missing elements.
F. Wall Condition/Cleanliness. Wall surfaces shall be
maintained without spots, stains, flakes, chips, holes, etc. and maintained in a
clean and sanitary condition.
G. Mold/Mildew. All surfaces, including
carpeting and flooring, and fixtures shall be free from mold, mildew or bubbling
conditions.
H. Plumbing. See OMC Chapter 15.04.
I. Electrical Equipment.
For the purposes of this section, electrical equipment shall include furniture
items installed by management, including televisions, lamps, etc. See OMC
Section 15.08.270.
J. Water Leakage/Water Stains. All fixtures shall be
maintained without leaks or drips. Water damage shall be immediately
repaired.
K. Furniture Condition. All furniture items provided by management
shall be maintained in proper working order.
L. Condition of
Shades/Draperies/Blinds. Shades, draperies, blinds, etc. shall be free of
stains, holes, rips or odors in excess of normal wear and tear, and maintained
in a sanitary, nondefective condition.
M. Vector Control. The premises shall
be kept clean in every part and free from garbage, rubbish, rodents, vermin and
other offensive matter. (Ord. 12136 § 2 (part), 1999)
8.03.090 Room furnishings.
A. Privacy. Privacy coverings such as shades, draperies or blinds shall be
appropriately hung to cover all windows.
B. Room Light. An active, fully
functional light switch shall be located at the tnain entry to the guest
unit.
C. Bathroom Fixtures. Private bathrooms shall have a functioning water
closet (e.g., toilet), lavatory (e.g., sink), shower receptor and/or bathtub.
This should not be constrned to prevent a sink from being placed in a guest room
that does not have full bathroom facilities.
D. Shared Bathroom Facilities.
Guests in facilities with shared bathrooms shall have access to a functioning
water closet (e.g., toilet), lavatory (e.g., sink), shower receptor and/or
bathtub. Showering or bathing areas shall be able to be securely locked from the
inside. Separate facilities shall be provided for men and women or the
facilities shall be able to be locked for individual use. Signs shall be posted
indicating that “Children under 12 years of age who use this shared
bathroom should be accompanied by an adult at all times.”
E. Hot/Cold
Water. Hot and cold running water shall be provided for all plumbing
facilities.
F. Telephone Rates. Telephone rates shall be posted in every
room that has a private phone and be adhered to by management.
G. Emergency
Telephone Access. Guests shall have twenty-four (24) hour emergency access to a
telephone (a payphone is adequate) on the property. However, such telephone
shall not be made generally available to the public so as to become a public
nuisance.
H. Clothes Storage. Space shall be provided in good working order
for hanging clothes and/or storing personal belongings. (Ord. 12136 § 2
(part), 1999)
8.03.100 Exterior of property.
A. Windows. Exterior window glass shall be without cracks, chips or
holes.
B. Exterior Lighting. The exterior of the property, including
adjacent public sidewalks and parking lots under the control of the operator,
shall be illuminated during all hours of darkness during which the property is
open for business in a manner so that persons standing in those areas at night
are identifiable from the street. However, the required illumination shall be
placed so as to minimize interference with the quiet enjoyment of nearby
residents of their property.
C. Painting. See OMC Chapter 8.24
“Property Blight.”
D. Landscaping. All areas on the property
designated for landscaping, i.e., lawns, planter beds, and other unsurfaced
locations, shall be maintained with properly trimmed living plant materials and
without collecting litter or debris.
E. Directional Signs. Directional signs
shall be posted as appropriate to ensure that emergency personnel can find guest
rooms in a timely manner.
F. Exterior Trash/Garbage Storage. All containers
used for the storage of trash, garbage, or recycled materials and placed on the
exterior of the building(s) shall be maintained in a locked and screened
enclosure. Also See OMC Chapter 8.24 “Property Blight” and OMC
Section 15.08.230. (Ord. 12136 § 2 (part), 1999)
8.03.110 Common areas.
A. Elevators. Guest service elevators need to be fully functional and pass
appropriate agency inspections. The name and telephone of the inspection agency
shall be posted in all of the elevators. Elevators shall be operational on a
twenty-four (24) hour-a-day basis (as of January 1, 2000).
B. Hallway
Lighting. Any lobby area or other public space shall be maintained in a sanitary
condition, free of garbage or debris. (Ord. 12136 § 2 (part),
1999)
8.03.120 Criminal and nuisance activity.
A. Nuisance Activity. The operation of the property shall not result in
repeated nuisance activities on the property or contribute to nuisance
activities in close proximity to the property, including but not limited to
disturbance of the peace, illegal drug activity, prostitution, public
drunkenness, drinking in public other than at a licensed facility, harassment of
passers by, gambling, sale of stolen goods, public urination, theft, assaults,
batteries, acts of vandalism, illegal parking, excessive loud noises, especially
in the late night or early morning hours, traffic violations, curfew violations,
lewd conduct, or police detentions and arrests.
B. Graffiti. All graffiti
shall be removed on a continuous basis within forty-eight (48) hours of
application.
C. Litter. Litter shall be removed daily from the premises,
including adjacent public sidewalks and all parking lots under control of the
operator. These areas shall be swept or cleaned, either mechanically or
manually, on a weekly basis to control debris. (Ord. 12136 § 2 (part),
1999)
8.03.130 Duplicated regulation.
Whenever any provisions of this chapter and any other provision of law,
whether set forth in this code, or in any other law, ordinance, or resolution of
any kind, imposes overlapping or contradictory regulations, or contains
restrictions covering any same subject matter, that provision which is more
restrictive or imposes higher standards shall control, except as otherwise
expressly provided in these regulations. (Ord. 12136 § 2 (part),
1999)
8.03.140 Separate offenses.
Each violation of this chapter shall constitute a separate offense. (Ord.
12136 § 2 (part), 1999)
8.03.150 Enforcement by alternative methods of code enforcement.
Any violation of this article may be prosecuted as a misdemeanor, may be
charged as a civil penalty or an infraction, or may be pursued as a violation of
the Chapter 17.157 Deemed Approved Hotel Regulations. Additionally, the use of
the property may be encumbered, as authorized by the Oakland Municipal Code,
Chapter 1, Articles 6, 7 and 8. Enforcement action specifically authorized by
this article may be utilized in conjunction with, or in addition to, any other
statutory, code, administrative or regulatory procedure applicable to the
regulation of buildings, structures, or property. In addition, nothing in this
article shall be interpreted to preclude or limit the city from seeking
injunctive or other judicial relief. (Ord. 12136 § 2 (part),
1999)
8.03.160 Abatement--Imminent danger.
A. Any condition which is reasonably believed to be imminently dangerous
to the life, limb, health or safety of the occupants of the property or to the
public, upon reasonable notice provided the owner or responsible person, may be
immediately abated by the Fire Marshal and/or the Building Official or their
designees.
B. Actions taken to abate imminently dangerous conditions may
include, but are not limited to, repair or removal of the condition creating the
danger and/or the restriction from use of occupancy of the property on which the
dangerous condition exists or any other abatement action determined by the Fire
Marshal or Building Official to be necessary. In the event use of occupancy is
restricted, the owner or his or her agent shall discontinue the use within the
time prescribed by the Fire Marshal or Building Official after receipt of such
notice.
C. If entry onto property and access to rooms or units constituting
an imminently dangerous condition in violation of this article is denied the
Building Official and/or the Fire Marshal by the owner of the property or his or
her agent, the Building Official and/or the Fire Marshal may seek a court order
and/or inspection and abatement warrant from a court of competent jurisdiction
to authorize the immediate abatement of the imminently dangerous conditions.
(Ord. 12136 § 2 (part), 1999)
8.03.170 Recovery of abatement costs.
Costs for any abatement performed by, or on behalf of, the city, including
the cost of extraordinary police services provided, shall be recoverable by the
city.
Costs incurred in relocating occupants of the property shall be
recovered by the city pursuant to the provisions of Chapter 15.08 Oakland
Housing Code and the provisions of the city’s relocation assistance
program. (Ord. 12136 § 2 (part), 1999)
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