Legislation Details

File #: BOH26-02    Version: 1
Type: R&R Status: In Committee
File created: In control: Board of Health
On agenda: Final action:
Enactment date: Enactment #:
Title: A RULE AND REGULATION for the protection of the public health against diseases and injury from pet businesses; amending R&R 09-07, Section 4, as amended, and BOH 8.03.020, R&R 09-07, Section 5, as amended, and BOH 8.03.030, R&R 09-07, Section 6, as amended, and BOH 8.03.040, R&R 09-07, Section 7, and BOH 8.03.050, R&R 09-07, Section 8, as amended, and BOH 8.03.060, R&R 09-07, Section 9, as amended, and BOH 8.03.070, R&R 09-07, Section 10, as amended, and BOH 8.03.080, R&R 09-07, Section 11, as amended, and BOH 8.03.090, R&R 09-07, Section 12, as amended, and BOH 8.03.100, R&R 09-07, Section 13, and BOH 8.03.110, R&R 09-07, Section 17, and BOH 8.03.150, R&R 09-07, Section 19, and BOH 8.03.170, R&R 09-07, Section 21, and BOH 8.03.190, R&R 09-07, Section 23, and BOH 8.03.210, R&R 09-07, Section 26, and BOH 8.03.240, R&R 09-07, Section 28, and BOH 8.03.260, R&R 09-07, Section 29, and BOH 8.03.270, R&R 09-07, Section 30, and BOH 8.03.280, R&R 09-07, Section 31, and BOH 8.03.290, R&R 09-07, ...
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Drafter

09/23/2026

Title

A RULE AND REGULATION for the protection of the public health against diseases and injury from pet businesses; amending R&R 09-07, Section 4, as amended, and BOH 8.03.020, R&R 09-07, Section 5, as amended, and BOH 8.03.030, R&R 09-07, Section 6, as amended, and BOH 8.03.040, R&R 09-07, Section 7, and BOH 8.03.050, R&R 09-07, Section 8, as amended, and BOH 8.03.060, R&R 09-07, Section 9, as amended, and BOH 8.03.070, R&R 09-07, Section 10, as amended, and BOH 8.03.080, R&R 09-07, Section 11, as amended, and BOH 8.03.090, R&R 09-07, Section 12, as amended, and BOH 8.03.100, R&R 09-07, Section 13, and BOH 8.03.110, R&R 09-07, Section 17, and BOH 8.03.150, R&R 09-07, Section 19, and BOH 8.03.170, R&R 09-07, Section 21, and BOH 8.03.190, R&R 09-07, Section 23, and BOH 8.03.210, R&R 09-07, Section 26, and BOH 8.03.240, R&R 09-07, Section 28, and BOH 8.03.260, R&R 09-07, Section 29, and BOH 8.03.270, R&R 09-07, Section 30, and BOH 8.03.280, R&R 09-07, Section 31, and BOH 8.03.290, R&R 09-07, Section 33, and BOH 8.03.310, R&R 09-07, Section 34, as amended, and BOH 8.03.320, R&R 09-07, Section 35, as amended, and BOH 8.03.330, R&R 09-07, Section 36, as amended, and BOH 8.03.340, R&R 09-07, Section 37, as amended, and BOH 8.03.350, R&R 09-07, Section 38, and BOH 8.03.360, R&R 09-07, Section 39, and BOH 8.03.370, R&R 09-07, Section 41, and BOH 8.03.390, adding new sections to BOH chapter 8.03, repealing R&R 09-07, Section 20, and BOH 8.03.180, R&R 09-07, Section 22, and BOH 8.03.200, R&R 09-07, Section 24, and BOH 8.03.220, R&R 09-07, Section 25, and BOH 8.03.230, R&R 09-07, Section 27, and BOH 8.03.250, and establishing an effective date; enacted pursuant to RCW 70.05.060, including the latest amendments or revisions thereto.

Body

                     BE IT ADOPTED BY THE KING COUNTY BOARD OF HEALTH:

                     SECTION 1.  R&R 09-07, Section 4, as amended, and BOH 8.03.020 are hereby amended to read as follows:

                     Purpose and intent of chapter.

                     A.  This chapter governs the protection of human health and safety against the spread of dangerous, contagious, or infectious diseases by animals in pet shops, ((commercial kennels)) pet boarding facilities, pet daycare facilities, animal shelters, poultry retail businesses, and pet grooming services, or by pet foods or products sold in pet food retail businesses which may contain harmful pathogens or toxins.

B.  It is the specific intent of this chapter to place the obligation of complying with its requirements upon owners and operators of ((pet shops, commercial kennels, pet daycare facilities, animal shelters, poultry retail businesses and pet food retail businesses)) pet businesses, and other persons designated by this chapter within its scope, and any provision of or term used in this chapter is not intended to impose any duty whatsoever upon King County or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

                     SECTION 2.  R&R 09-07, Section 5, as amended, and BOH 8.03.030 are hereby amended to read as follows:

                     Relationship of chapter to other laws, rules and regulations.

                     A.  In addition to the control and prevention of zoonotic disease, and in recognition of the public policy of the county to protect animal and human health and safety and prevent cruelty to animal life, it is the intent of this chapter to promote the health, safety and well-being of animals kept, housed or cared for in ((pet shops, commercial kennels, pet daycare facilities, animal shelters, poultry retail businesses and pet grooming services)) pet businesses, and to promote disease prevention standards for pet foods or products sold in pet food retail businesses.

                     B.  Nothing in this chapter shall affect the obligation of any owner or operator of any ((pet shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service, poultry retail businesses or pet food retail business)) pet business, or the owner or keeper of any pet animal, to comply with other applicable laws, rules and regulations, including, but not limited to, those governing animal care and control, building, zoning or environmental standards.

                     SECTION 3.  R&R 09-07, Section 6, as amended, and BOH 8.03.040 are hereby amended to read as follows:

                     Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

                     A.  "Animal" means any living creature except Homo sapiens, insects and worms.

                     B.  "Animal shelter" means a facility used to house or contain and offer or distribute for adoption as pets any stray, homeless, abandoned or unwanted animals other than livestock and that is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization, or by a person or persons devoted to the welfare, protection and humane treatment of animals.  "Animal shelter" includes "satellite pet adoption facility," but does not include pet adoption services performed at an animal shelter or satellite pet adoption facility not more than a total of twenty-one days per calendar year.

                     C.  "Aquarium" means any establishment, store or department of any store that acquires, through purchase, consignment, donation, importation or breeding any combination of ((live fish, corals,)) aquatic amphibians or ((invertebrates)) turtles, but no other types of pets, and sells or offers to sell, adopt or trade the live animals to the public or retail outlets.

                     D.  (("Aquarium stock" means live fish, live corals, aquatic amphibians and aquatic invertebrates.

                     E.)) "Board" means the provision of shelter and food to pet animals by an entity other than the pet's owner and at a location separate from the owner's residence.

                      ((F.)) E.  "Carapace" means a hard bony outer covering, such as the fused dorsal plates or shell of a turtle.

                     ((G.  "Commercial kennel"  means any establishment or facility where four or more dogs or cats are kept for commercial purposes including, but not limited to, board , propagation and training.  Commercial kennels include, but are not limited to, dog or cat boarding facilities, or training facilities where dogs or cats are boarded during the course of training, catteries and dog or cat breeding or importation businesses.  Commercial kennels do not include pet shops, pet daycare facilities, animal shelters, pet grooming services or veterinary hospitals or clinics where animals are kept for surgical or medical treatment under the supervision of a licensed veterinarian.

                     H.)) F.  "Establishment" or "facility" means those portions of any building, yard, pen or other area at a single location in which any animals are kept or transported for the purpose of adoption, ((breeding,)) boarding, day care, grooming, selling, sheltering, ((trading)) or otherwise handling animals, or in which a pet food retail business is located.

                     G.  "Home-based pet business" means any portion of a residence used for operation of a pet business, including but not limited to kitchens, bathrooms, bedrooms, or other interior spaces.

                     ((I.)) H.  "Incompatible animals" means animals that, due to species differences, size, age, sex, temperament, health status, or social behavior, cannot be safely housed, handled, or exercised together without risk of injury, illness, or undue stress.

                     I.  "Livestock" means farm animals raised for food or fiber production or kept for recreational purposes, including, but not limited to, horses, donkeys, mules, cattle, sheep, llamas, alpacas, goats and swine, but excluding birds, Vietnamese, Chinese or Asian pot-bellied pigs and miniature breeds of livestock kept primarily as pets.

                     J.  "Mobile grooming unit" means any mobile vehicle, or trailer or unit pulled by a mobile vehicle, used as a pet grooming service.

                     K.  "Owner" or "operator" means a person either owning or otherwise responsible for the operation of a pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service, poultry retail businesses or pet food retail)) business and, as applicable, the care and welfare of the animals present.

                     L.((1.))  "Pet" means a nonlivestock animal kept by a private individual for pleasure or companionship.

                       ((2.  "Pet" does not include poultry.))

                     M.  "Pet boarding facility" means any establishment where four or more dogs or cats are kept for commercial purposes including, but not limited to, board and training. 
"Pet boarding facilities" include, but are not limited to, dog or cat boarding facilities, or training facilities where dogs or cats are boarded during the course of training.  "Pet boarding facilities" do not include pet shops, animal shelters, pet grooming services or veterinary hospitals or clinics where animals are kept for surgical or medical treatment under the supervision of a licensed veterinarian.

                     N.  "Pet business" means any establishment or facility regulated by this chapter, including pet shops, pet boarding facilities, pet daycare facilities, animal shelters, poultry retail businesses, pet grooming services, and pet food retail businesses.

                     ((M.)) O.  "Pet daycare facility" means any commercial facility where four or more dogs or other pet animals are left by their owners for ((periods of supervised social interaction in play groups with other animals of the same species for the majority of the time the pets are at the facility during the hours the facility is open to the public)) temporary daytime care and are returned to their owners the same day.

                     ((N.)) P.  "Pet food retail business" means a retail establishment selling any of the following for consumption by pets:

                       1.  Foods or treats requiring refrigeration or freezing to prevent spoilage; or

                       2.  Uncooked or partially cooked animal derived pet foods or treats not requiring refrigeration or freezing.  For the purpose of this chapter, "partially cooked animal derived pet foods or treats" are those that are cured, dried, dehydrated or smoked and include but are not limited to pig ears, beef hooves, dried tendons, smoked bones, chicken or salmon jerky, and freeze dried seafood, meat or animal organs.

                     ((O.)) Q.1.  "Pet grooming service" means any place, establishment or mobile unit, whether public or private, where pet animals are bathed, clipped ((or combed)), brushed, or otherwise groomed for the purpose of enhancing their appearance, comfort, or ((aesthetic value or)) health, ((or both,)) and for which a fee is charged.  "Pet grooming service" includes, but is not limited to, ((any )) self-service ((dog washing business)) pet wash facilities where customers ((wash their own pets, but does not include incidental bathing or combing of pets as part of regular animal care performed at a pet shop, commercial kennel, pet daycare facility or animal shelter, or performed on an infrequent and nonprofit basis for hobby or recreational purposes)) bathe or wash their own animals; mobile grooming units operating independently or within another licensed facility; and grooming services provided by employees or contractors within a licensed facility.

                       2.  "Pet grooming service" does not include: bathing, brushing, or nail trimming performed incidentally as part of routine care for animals boarded at a licensed facility; limited or occasional pop-up events that provide grooming services such as nail trimming or tooth brushing; in-home grooming performed at a client's residence where the operator does not maintain a fixed facility or mobile grooming unit; or grooming services provided by a pet boarding or pet daycare facility solely for animals prior to their return to the owner.

                     ((P.)) R.1.  "Pet shop" means any establishment, store or department of any store that acquires, through purchase, consignment, donation, importation or breeding, live animals including birds, reptiles, amphibians, or fish, but excluding livestock and poultry, and sells or offers to sell, adopt or trade the live animals to the public or to retail outlets.

                       2.  "Pet shop" does not include the hobby breeding of animals at or adjoining a private residence, animal shelters, ((and)) or any facilities that hold animals for not more than twenty-four hours before the animals are sold, auctioned, adopted, traded, donated and removed from the premises.

                      ((Q.)) S.  "Poultry" means all domesticated fowl and all game birds which are held in captivity.

                     ((R.)) T.1.  "Poultry retail business" means any establishment, store, department of any store or other establishment that acquires live poultry through purchase, consignment, donation, importation, hatching, or breeding, and sells or offers to sell, adopt or trade the live poultry to the public.

                       2.  "Poultry retail business" does not include any facilities that hold animals for ((not more)) fewer than ((twenty-four)) seventy-two hours before the animals are sold, auctioned, adopted, traded, or donated and removed from the premises.

                     ((S.)) U.  "Psittacine bird" means all birds commonly known as parrots, macaws, cockatoos, cockatiels, lovebirds, parakeets, and all other birds of the order psittaciformes.

                     ((T.)) V.  "Satellite pet adoption facility" means a fixed location within a separately permitted pet shop, ((commercial kennel)) pet boarding facility, pet daycare facility, pet grooming service, or pet food retail business where an animal shelter, its staff or volunteers house, care for and regularly offer pets for adoption from the fixed location.

                     ((U.)) W.  "Water resistant" means that which repels water.  The following materials and substances shall be considered water resistant: painted or sealed wood surfaces, sealed concrete, sealed concrete blocks, stainless steel, vinyl flooring, glass, treated or sealed paneling, fiberglass, tile, tile blocks, and other materials approved by the director on a case by case basis after finding that the material is water resistant.

                     SECTION 4.  R&R 09-07, Section 7, and BOH 8.03.050 are hereby amended to read as follows:

                     Overnight boarding.  Overnight boarding is permitted at ((commercial kennels)) pet boarding facilities, pet daycare facilities and animal shelters. Overnight boarding is not permitted at pet grooming services or pet shops unless the owner or operator obtains a separate ((commercial kennel)) pet boarding facility, pet daycare facility or animal shelter permit for the facility.

                     SECTION 5.  R&R No. 09-07, Section 8, as amended, and BOH 8.03.060 are hereby amended to read as follows:

                     ((Pet shop, commercial kennel, pet daycare facility, animal shelter, poultry retail business and pet grooming service infection)) Infection control plan and isolation plan requirements.

                     A.  The owner or operator of any ((pet shop, commercial kennel, pet daycare facility, animal shelter, poultry retail business or pet grooming service)) pet business except pet food retail businesses shall develop, ((and)) maintain, and follow a written basic infection control plan, subject to review and approval by the director, ((specifying)) that shall include:

                       1.  ((t))The schedule for cleaning and disinfection of ((cages)) enclosures, surfaces and equipment;

                       2.  ((p))Proper methods for handling and disposal of soiled animal bedding, litter and wastes;

                       3.  ((d))Disinfectants ((to be used and)) used at the establishment with instructions for proper use;

                       4.  ((p))Personal protective measures, including, but not limited to, gloves and handwashing, to be used by employees((.  The owner or operator shall ensure the plan identifies));

                       5.  A training plan for staff, volunteers, and contractors that provides notification of zoonotic disease and injury risks when working with animals and provides guidance on handling and isolating animals;

                       6.  Protocols for documenting all animal bites, that shall include reporting to the director any bites from a dog, cat, or ferret that has not been vaccinated for rabies;

                       7.  Contact information for a licensed veterinarian or veterinary practice that is routinely consulted or available for consultation on animal health, disease prevention, immunization, and parasite control ((and includes));

                       8.  ((c))Contact information for the director's duly authorized representatives; and

                       9.  Any other information the director may require to ensure compliance with this chapter.

                     B.  The ((pet shop, commercial kennel, pet daycare facility, animal shelter, poultry retail business or pet grooming service)) pet business owner or operator shall maintain the basic infection control plan and isolation plan on the premises and make the plans available to the director for examination upon request.  This requirement shall not apply to pet food retail businesses.

                     C.  The director is authorized to provide assistance to the ((pet shop, commercial kennel, pet daycare facility, animal shelter, poultry retail business or pet grooming service)) pet business owner or operator in developing the basic infection control plan and isolation plan.  For example, the director may provide the owner or operator a model or sample plan free of charge.

                     D.  The owner or operator of any pet business, except pet food retail businesses, shall develop and maintain a written isolation plan, subject to review and approval by the director.  The isolation plan shall ensure that animals with suspected communicable disease, injury, or other conditions requiring separation and isolation, are properly cared for and prevented from transmitting disease or enduring further injury.  The isolation plan shall include:

                       1.  Procedures for identifying and designating an area that can be used to isolate contagious, sick, or injured animals;

                       2.  Procedures for housing different species separately within the designated isolation area;

                       3.  Procedures for cleaning and disinfecting the isolation area, including designating cleaning supplies to be used only in the isolation area;

                       4.  Personal protective measures and equipment to be used by employees only in the isolation area;

                       5.  Procedures for ensuring that an animal with a suspected communicable disease or serious injury is seen by a veterinarian within twenty-four hours of observed symptoms;

                       6.  Procedures for documenting incidents that require isolation, which shall include identifying information for the pet animal, reason for isolation, veterinary records, and records of medication administration and care; and

                       7.  Any information the director may require to ensure compliance with this chapter.

                     SECTION 6.  R&R 09-07, Section 9, as amended, and BOH 8.03.070 are hereby amended to read as follows:

                      ((Pet shop and poultry retail business facility construction and equipment standards.)) Indoor facility construction standards for pet businesses.  ((A pet shop or poultry retail business owner or operator shall:)) The owner or operator of any pet business, except a pet food retail business, shall, as applicable:

                     A.  Ensure that buildings are of adequate structure, maintained in good repair and secured ((in order)) to protect animals from injury or escape and restrict the unauthorized entry of animals from outside;

                     B.  Construct all floors and walls of readily cleanable, durable, non-porous, and water resistant material in ((rooms, pens and cages used to retain animals and in areas where animals are handled, bathed or treated,)) areas where animals will be present, and maintain all such ((rooms, pens, cages and)) areas in good repair;

                     C.  Ensure that floors have proper drainage to rapidly eliminate excess water and that seams in flooring are designed and installed to prevent accumulation of liquids, moisture, or debris;

                     D.  Construct interior walls so that the interface with floor surfaces is sealed from the flow or accumulation of liquids, moisture or debris;

                     E.  Carpeting and other absorbent materials are prohibited in animal housing, cleaning, or grooming areas;

                     F.  Provide and ((M))maintain ((hot and cold running water conveniently available at all times, and provide)) a dedicated sink or tub of sufficient size for washing of equipment and utensils used in the pet ((shop)) business, including washing and sanitizing of toys, litter pans, dishes, bowls and other food and water containers and utensils used for feeding of animals.  The sink or tub shall at all times have hot and cold running water available and shall be separate from dedicated handwashing facilities;

                     ((D.)) G.  Provide toilet and handwashing facilities with ((hot and cold)) running water, soap, and a means for drying hands, except that toilet facilities are not required for mobile grooming units;

                     ((E.  Ensure that food and water containers and utensils used for mixing of food and feeding of animals are constructed of metal or other water impervious material that is readily cleanable and kept in good condition;

                     F.  Provide and maintain refrigeration at forty-one degrees Fahrenheit or lower for the protection of perishable foods;

                     G.  Store and prepare separately from pet food and pet medications any medications, food and beverages intended for human consumption;

                     H.  Store cleaning products and disinfectants securely in areas inaccessible to animals kept at the facility;

                     I.))  H.  Provide lighting, whether natural or artificial or a combination of both, sufficient for inspection of the animals, routine cleaning, and proper animal care;

                     I.  Provide sufficient ventilation to ensure the health and comfort of the animals and to minimize odors and moisture condensation. Fresh air may be provided by means of windows, doors, vents, fans, or turbine ventilators, or by heating and cooling systems;

                     J.  Provide an adequately ventilated isolation area that is consistent with the facility's approved isolation plan and physically separated from the rest of the animals for segregation of pets that become sick, are injured or are suspected of having a contagious disease, except that isolation areas are not required for pet businesses that provide only pet grooming services; and

                      ((J.  Dispose of excreta, dead animals, soiled litter, bedding, waste water and other materials by sanitary means))  K.  Home-based pet businesses shall comply with all applicable requirements of this chapter, including but not limited to, plan review, permitting, and inspection.

                     NEW SECTION.  SECTION 7.  There is hereby added to BOH 8.03 a new section to read as follows:

                     Indoor facility equipment standards for pet businesses.  The owner or operator of any pet business, except a pet food retail business, shall, as applicable:

                     A.  Ensure that any common animal play areas are of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals;

                     B.  Ensure that any grooming facilities in pet boarding facilities, pet daycare facilities, and animal shelters are physically separated from common animal play areas and boarding areas;

                     C.  Ensure that any furnishings such as cat trees, sisal, rugs, couches, mattresses, or chairs contained within a common animal play area are made of materials that can readily be laundered with hot water and detergent or otherwise readily cleaned and sanitized, and that the furnishings are maintained in a sanitary condition;

                     D.  Provide and maintain enclosures, crates, pens, or individual runs where animals can periodically rest or sleep;

                     E.  Ensure that food and water containers and utensils used for mixing food and feeding animals are constructed of metal or other water impervious material that is readily cleanable and kept free of cracks, holes, rust, and sharp edges or protrusions, and:

                       1.  Food and water containers must be cleaned when dirty and at least once per day; and

                       2.  Single-use, disposable containers such as paper trays or cups may be used to feed cats, ferrets, and other small animals provided that the container does not present a hazard to the animal.  Disposable containers must be discarded after a single use;

                     F.  Provide and maintain refrigeration at forty-one degrees Fahrenheit or lower for the protection of perishable foods;

                     G.  Store and prepare separately from pet food and pet medications any medications, food, and beverages intended for human consumption;

                     H.  Provide sufficient heating and cooling of indoor areas to maintain the ambient temperature not less than fifty degrees Fahrenheit and not greater than eighty-five degrees Fahrenheit, except that the owner or operator shall maintain indoor temperatures consistent with the needs of the pet animals at the facility, and shall protect the animals from temperatures that may be deleterious to the animals' health;

                     I.  Label cleaning products and disinfectants and store securely in areas inaccessible to animals kept at the facility;

                     J.  Ensure that an adequately ventilated isolation area physically separated from the rest of the animals for segregation of pets that become sick, are injured or are suspected of having a contagious disease is available at all times pet animals are present, except that isolation areas are not required for pet businesses that provide only pet grooming services; and

                     K.  Dispose of excreta, dead animals, soiled litter, bedding, wastewater, and other materials by sanitary means.

                     SECTION 8.  R&R 09-07, Section 10, as amended, and BOH 8.03.080 are hereby amended to read as follows:

                     Pet ((shop and poultry retail)) business primary animal enclosure requirements.  The pet ((shop or poultry retail)) business owner or operator shall, for primary animal enclosures including cages, pens, runs, tanks, and habitats:

                     A.  Provide and maintain primary enclosures of sufficient size to allow each pet animal to turn around, exercise normal postural movements, experience or avoid socialization with ((cage)) enclosure mates, and avoid overcrowding, and:

                       1.  Facilities that house cats or dogs overnight shall maintain a sufficient number of dedicated primary enclosures to individually house all cats and dogs present at the facility;

                       2.  Each cat or dog shall have access to a primary enclosure that allows it to lie down fully extended without its head, tail, legs, face, or feet touching any side of the enclosure;

                       3.  When animals share a primary enclosure, the number of animals in each enclosure shall be limited so that each animal has enough space to be able to lie down fully extended without its head, tail, legs, face, or feet touching any side of the enclosure or another animal when all animals are lying down simultaneously; and

                       4.  When birds share a primary enclosure, the enclosure must be large enough for all birds to climb, play without crowding, and fully extend their wings in all directions.  Primary enclosures must contain enough perch space to ensure that all birds can perch comfortably without crowding;

                     B.  Maintain primary animal enclosures in good condition and repair, free from rust and sharp edges, to protect animals from injury, to contain them, to prevent entry of predators and to allow animals to stay clean and dry, except for aquatic species;

                     C.  Ensure that primary animal enclosures are constructed of materials that are water resistant and can be readily cleaned and disinfected;

                     D.1.  If wire or slatted flooring is used:

                         a.  ensure that it is constructed to prevent injury to animals' feet and legs;

                         b.  use wire mesh or slats of adequate gauge or size to prevent sagging under the animals' weight and small enough to prevent the animals' feet from passing through; and

                         c.  ensure that the floor or other surface under wire bottom ((cages)) enclosures where animal wastes fall are made of a water-resistant material that can be readily cleaned and disinfected; and

                       2.  If the primary flooring is wire mesh or a slatted material, provide solid resting surfaces according to the needs of the species;

                     E.  Maintain primary animal enclosures in a clean and sanitary condition consistent with the process outlined in the facility's infection control plan; and

                     F.  Cedar shavings may not be used for bedding or litter material for rodents, rabbits, chinchillas, ferrets, poultry, psittacine birds, or reptiles.

                     NEW SECTION.  SECTION 9.  There is hereby added to BOH 8.03 a new section to read as follows:

                     Pet business group housing standards.

                     A.  For the purposes of this section:

                       1.  "Cohousing" means cats or dogs are grouped together in a single primary enclosure; and

                       2.  "Commingling" means grouping cats or dogs together for socialization, play, or kennel-free boarding.

                     B.  When cohousing or commingling animals, the pet business owner or operator shall:

                       1.  Not cohouse or commingle unaltered or incompatible animals together.  The director may determine animals to be incompatible based on observed behavior, documented incidents, or veterinary guidance;

                       2.  Evaluate animals for compatibility in size, temperament, and health status prior to cohousing or commingling;

                       3.  Ensure that cats are not cohoused or commingled with dogs;

                       4.  Cats may be cohoused only as follows:

                         a.  For pet boarding facilities, cats from the same household may be cohoused.  Cats that are not from the same household may be cohoused with written owner's consent if the cats are compatible and there is adequate space in the enclosure;

                         b.  For animal shelters, cats may be cohoused in groups of up to six without continuous on-site supervision if compatible in temperament and provided with adequate space and resources.  Groups larger than six require approval by the director and a written management plan;

                       5.  Dogs shall not be cohoused overnight, except that:

                         a.  for pet boarding facilities, puppies or dogs from the same household may be cohoused overnight with written owner's consent if the dogs are compatible and there is adequate space in the enclosure;

                         b  for animal shelters, puppies, bonded dogs, and dogs from the same household may be cohoused overnight if the dogs are compatible and there is adequate space in the enclosure; and

                       6.  When commingling cats or dogs:

                         a.  provide direct supervision of the animals by on-site staff.  Video monitoring or monitoring while actively engaged in other tasks such as grooming or bathing does not qualify as direct supervision;

                         b.  maintain at least two staff members on-site whenever twenty or more dogs are commingled at a facility;

                         c.  maintain a minimum staffing ratio of one staff person per twenty cats or dogs who shall remain with the group at all times when animals are commingled;

                         d.  limit commingled groups to twenty cats or forty dogs; and

                         e.  provide commingled cats with adequate access to litter boxes, food, water, resting areas, hiding spaces, elevated areas, and environmental enrichment.

                     SECTION 10.  R&R 09-07, Section 11, as amended, and BOH 8.03.090 are hereby amended to read as follows:

                     Pet ((shop and poultry retail)) business sanitation standards.  ((The)) Except for pet food retail businesses, pet ((shop or poultry retail)) business owners or operators shall, for sanitation purposes:

                     A.  Maintain all areas where equipment, supplies, and food for animals are stored in a clean and sanitary condition and free from insects and rodents;

                     B.  Store equipment on the premises in a sanitary and orderly manner;

                     C.  Maintain in a clean and sanitary condition and routinely disinfect all ((cages)) indoor and outdoor play areas, grooming areas, crates, enclosures, pens, runs, furnishings, bedding, tanks, habitats, and other animal housing in accordance with the ((pet shop's or poultry retail business's)) facility's infection control plan; ((and))

                     D.  Maintain the presence of a sufficient number of employees equipped to immediately remove animal feces, urine, or other bodily fluids followed by cleaning and disinfection of any soiled area; and

                     E.  In order to avoid creating aerosols or airborne dust that can spread pathogens, not use shop vacuums or vacuum cleaners to remove bedding and debris from animal, reptile, or bird ((cages)) enclosures.

                     SECTION 11.  R&R 09-07, Section 12, as amended, and BOH 8.03.100 are hereby amended to read as follows:

                     Pet shop and poultry retail business animal health, care, and disease prevention standards.  The pet shop or poultry retail business owner or operator shall, for animal care and feeding:

                     A.  Provide and document provision of proper food, ((and)) potable water, and prescribed medications to the animals, according to the needs of the species;

                     B.  Remove from display and sale animals with potentially infectious disease or significant injury, and isolate them from animals appearing healthy and normal, keep potentially infectious animals in isolation quarters with adequate ventilation and care to keep from exposing customers or other animals at the establishment;

                     C.  Not knowingly sell or otherwise transfer a potentially infectious or injured animal or an animal with signs of external parasites without notifying the person acquiring the animal of the illness, injury, or condition of the animal;

                     D.  Not offer for sale, trade, or adoption any ((juvenile or adult dog, cat or ferret)) animal that has not received all required immunizations or that has not been treated for internal and external parasites in accordance with the recommendations of the pet shop's consulting veterinarian;

                     E.  At all times ((that any pet shop or poultry retail business is open to the public)), ensure that a person in charge ((is present at the establishment and responsible for the pets or poultry held for sale, auction, adoption, trade, donation or display. The person in charge)), or other employee under the supervision of the person in charge, ((shall feed, water and perform cleaning)) is available to and responsible for feeding and watering the pets or poultry held for sale, auction, adoption, trade, donation, or display, and cleaning in accordance with the basic infection control plan for the facility, or as may be required by the director; ((and))

                     F.  Physically separate animals on the premises of the pet shop or poultry retail business for the purposes of boarding, grooming, daycare, or animal shelter from all sick animals and animals offered for sale, auction, adoption, trade, or donation;

                     G.  Provide appropriate temperature, humidity, and hideouts according to the needs of the species;

                     H.  Not house incompatible animals together. The director may determine animals to be incompatible based on observed behavior, documented incidents, or veterinary guidance;

                     I.  Provide feeder animals with food and water, and otherwise store, handle, and maintain feeder animals in a sanitary manner that prevents contamination and escape. For purposes of this subsection, "feeder animal" means any live animal kept primarily to be fed to other animals in a pet-related business, including, but not limited to, pinky mice, crickets, mealworms, and other insects; and

                     J.  Abide by RCW 16.52.360, which prohibits pet shops from selling or offering for sale any dog or cat except as provided in that statute.

                     SECTION 12.  R&R 09-07, Section 13, and BOH 8.03.110 are hereby amended to read as follows:

                     Pet information at time of purchase or adoption - general.  The pet shop owner or operator shall make available to each retail pet purchaser or adopter, other than purchasers of fish ((, live aquarium stock)) or ((of)) rodents intended as food for other animals, a written hard copy or web-based basic information about prevention of diseases that may be communicable from the purchased or adopted animal to humans.  The information may be developed by the pet shop owner or operator, or provided free of charge by the director. Any information developed by the owner or operator in charge shall be subject to review and approval by the director.  Any hard copy information provided to pet purchasers or adopters shall be free of charge.

                     SECTION 13.  R&R 09-07, Section 17, and BOH 8.03.150 are hereby amended to read as follows:

                     Rabies vaccination requirement for dogs, cats or ferrets.  The pet ((shop)) business owner or operator shall ensure that any dog, cat, or ferret age four months or older is vaccinated against rabies as required under BOH chapter 8.04 before being offered for sale, exchange, ((or)) adoption, or before offering any services to the animal.  The pet ((shop)) business owner or operator shall provide the purchaser or adopter of any such an animal, at time of purchase, a certificate of rabies vaccination issued by a licensed veterinarian.

                     SECTION 14.  R&R 09-07, Section 19, and BOH 8.03.170 are hereby amended to read as follows:

                     Pet shop recordkeeping requirements.

                     A.  The pet shop owner or operator shall maintain written records of each individual or groups of animals purchased or otherwise acquired, except that records are not required for fish, ((or)) other aquarium stock, or feeder ((rodents)) animals.  The owner or operator shall include the following information in the written records:

                       1.  Acquisition date;

                       2.  Name, address, and telephone number of supplier;

                       3.  Number of animals received;

                       4.  Animal breed or description;

                       5.  Tattoo, microchip, or bird band number, as applicable; and

                       6.  Veterinary records, including any vaccinations, medical treatment and surgeries performed.

                     B.  The pet shop owner or operator shall maintain records of each individual dog, cat, ferret, and bird, except poultry, sold, adopted, traded, transferred, euthanized, or otherwise disposed of, including the following information:

                       1.  Date of sale or other disposition;

                       2.  Name, address, and telephone number of the purchaser or adopter;

                       3.  Breed of dog or cat or species of bird;

                       4.  Description including approximate age, color, and sex, except for birds when not determined; and

                       5.  Tattoo, microchip, or bird leg band number, as applicable.

                     C.  The pet shop owner or operator shall maintain at the pet shop all ((written)) records required by this section for not less than three hundred sixty-five days after the date of sale or transfer of the animal from the pet shop, and make all such records available to the director for examination upon request.

                     SECTION 15.  R&R 09-07, Section 21, and BOH 8.03.190 are hereby amended to read as follows:

                     Pet ((shop and poultry retail)) business reporting of animal bites and disease outbreaks.  Immediately upon receiving notice ((of the occurrence or outbreak)), the pet ((shop or poultry retail)) business owner or operator shall report to the director any occurrence of a ((mammal biting a human)) bite from a dog, cat, or ferret that has not been vaccinated for rabies, any occurrence of a disease outbreak at the facility, or any known or suspected infectious disease that may be transmissible from animals to humans in any animal offered for sale or otherwise kept on the premises.

                     SECTION 16.  R&R 09-07, Section 23, and BOH 8.03.210 are hereby amended to read as follows:

                     Outdoor facilities for ((commercial kennels, pet daycare facilities, animal shelters and pet grooming services)) pet businesses.  The owner or operator of any ((commercial kennel, pet daycare facility, animal shelter or pet grooming service)) pet business shall, in outdoor areas of the ((kennel, facility, shelter or service)) pet business:

                     A.  Provide adequate walls or fences and keep them secured and maintained in good repair to protect pet animals from injury or escape and restrict the entry of animals from outside;

                     B.  Provide areas of shelter from excessive sunlight, rain, snow, wind or other elements unless animals are provided indoor facilities to protect them from adverse climate conditions;

                     C.  Provide adequate drainage in outdoor areas to prevent standing water or accumulation of liquids, mud, debris, excreta or other materials.  Surfaces ((may)) must be ((made of concrete, asphalt or similar materials)) designed to facilitate cleaning and removal of animal wastes and debris.  Natural lawn ((or turf)) may be used if well maintained with regular watering, mowing and repair, and kept free of mud or bare dirt.  Alternatively, surfaces may be covered with a sufficient layer of a disposable material such as gravel, sand or coarse wood chips that can be removed when contaminated by animal excreta and periodically changed to maintain sanitary conditions; and

                     D.  Dispose of excreta, dead animals, soiled litter, bedding, ((waste water)) wastewater, and other materials by sanitary means.

NEW SECTION. SECTION 17.  There is hereby added to BOH 8.03 a new section to read as follows:

                     Public animal contact requirements for animal shelters.

                     A.  The owner or operator of any animal shelter, including satellite adoption facilities, shall provide readily accessible public handwashing facilities with running water, disinfectant hand wipes, or hand sanitizers.  The animal shelter operator shall notify patrons, by means of conspicuous signage or other methods as approved by the director, to wash or sanitize their hands after handling any of the animals at the facility.

                     B.  Cats, dogs, and ferrets displayed or housed in group settings accessible to the public shall be vaccinated for rabies.  Cats, dogs, and ferrets that are age-eligible for rabies vaccination but are not vaccinated must be individually housed, except that bonded animals or animals from the same household may be housed together, and may be shown to the public with staff supervision.

                     C.  Kittens, puppies, and ferrets not age-eligible for rabies vaccination may interact with the public in staff-supervised settings to reduce disease transmission risk.

                     D.  Animals housed in group settings that are accessible to the public shall be monitored for signs of illness and injury.  Any animal exhibiting signs of illness or injury shall be promptly removed from public access and be evaluated and provided with veterinary care as appropriate.

                     SECTION 18.  R&R 09-07, Section 26, and BOH 8.03.240 are hereby amended to read as follows:

                     Animal health, care, and disease prevention standards for pet boarding facilities and pet daycare facilities.  ((A pet daycare facility)) The owner or operator of a pet boarding facility or pet daycare facility shall, for animal health, care, and disease prevention:

                     A.  Provide proper food, ((and)) potable water, shelter, and opportunities for exercise to the animals, according to the needs of the species;

                     B.  Maintain written, up-to-date logs of food, water, care, and medications provided to the animals;

                      ((B.1.)) C.  Immediately separate sick or significantly injured animals and those suspected of having a contagious disease from those appearing healthy and normal;

                       ((2.)) D.  Keep animals suspected of having a contagious disease in a designated ((separation)) area with adequate ventilation ((in order)) to avoid exposure to other animals or people, consistent with the facility’s isolation plan; ((and))

                       ((3.)) E.  Ensure that only designated staff trained in infection control procedures as set forth in the basic infection control plan required under this chapter attend to animals held in the designated separation area, and that sick and injured animals and those suspected of having a contagious disease are released to their owners or receive veterinary care as soon as possible after the illness or injury is discovered;

                     ((C.)) F.  Provide care managed by a veterinarian for sick or injured animals within twenty-four hours;

                     G.  Before admission of a dog, cat, or ferret four months of age or older, obtain a copy of a valid rabies certificate or other verification from a licensed veterinarian ((, or written acknowledgment from the pet owner)), that the animal is currently immunized against rabies in accordance with the King County Board of Health Rabies Regulations, BOH chapter 8.04;

                      ((D.)) H.  At all times that animals are allowed to commingle ((for the purposes of play or exercise)), ensure that ((there is direct supervision by a sufficient number of trained employees responsible for the management of the playgroup.  For the purpose of this subsection D., active engagement in grooming or the viewing of animals by video camera does not qualify as direct supervision of pets in commingled groups.  Direct supervision includes:

                       1.  Maintaining a person in charge present at all times that any pet animal is present at the establishment;

                       2.  Maintaining the presence of a sufficient number of employees equipped to immediately remove animal feces, urine or other bodily fluids followed by cleaning and disinfection of any soiled area; and

                       3.  Limiting the number of nimals that may be maintained in a common play area in order to prevent overcrowding and reduce the risk of zoonotic disease transmittal.

                     E.))  the group housing standards in section 9 of this rule and regulation are followed;

                     I.  Ensure that when pets are boarded overnight or present on days when the pet ((daycare facility)) business is closed to the public, the pets are fed and watered, and cleaning is performed as necessary to reduce the risk of zoonotic disease transmittal ((. When pets are boarded overnight or present on days when the pet daycare facility is closed, pets may be commingled only if the owner or operator is present to provide direct supervision as is required during business hours)); and

                      ((F.)) J.  Not offer pet adoption services, pet grooming services, or sales of pets unless the ((facility)) pet business has obtained a public health permit for these services in accordance with this title, as applicable.

                     SECTION 19.  R&R 09-07, Section 28, and BOH 8.03.260 are hereby amended to read as follows:

                     Animal health, care, and disease prevention standards for animal shelters.  The animal shelter owner or operator shall, for animal health, care, and disease prevention:

                     A.  Provide proper food, ((and)) potable water, shelter, and opportunities for exercise to the animals, according to the needs of the species, and provide cats with a litter pan;

                     B.((1.))  Immediately separate sick or significantly injured animals and those suspected of having a contagious disease from those appearing healthy and normal;

                       ((2.)) C.  Keep animals suspected of having a contagious disease in isolation quarters with adequate ventilation and care to keep from exposing other animals or visitors to the shelter; ((and))

                       ((3.)) D.  Ensure that only designated staff trained in infection control procedures attend to animals held in isolation;

                       ((4.)) E.  Provide care managed by a veterinarian for sick or injured animals within twenty-four hours;

                     ((C.)) F.  Ensure that sick or injured animals are offered for adoption or foster care only after disclosing by written or electronic record the animal's condition and providing recommendations for proper treatment including veterinary care;

                     ((D.)) G.  Before releasing a dog, cat, or ferret four months of age or older for adoption or foster care, ensure that the animal is currently immunized against rabies in accordance with the King County Board of Health Rabies Regulations, BOH ((C)))chapter 8.04;

                     ((E.)) H.  At all times when the animal shelter is open to the public, ensure a person in charge is present at the establishment and responsible for the care and welfare of the pets.  The person in charge, or other employee or employees under the supervision of the person in charge, shall feed, water, and perform necessary cleaning on all days the animal shelter is closed to the public, or as may be required by the director;

                     ((F.)) I.  At all times that animals are allowed to commingle ((for the purposes of play or exercise)), ensure that ((there is direct supervision by a sufficient number of trained employees responsible for the management of the playgroup.  For the purpose of this subsection F., active engagement in grooming or the viewing of animals by video camera does not qualify as direct supervision of pets in commingled groups.  Direct supervision includes:

                       1.  Maintaining a person in charge present at all times that any pet animal is present at the establishment;

                       2.  Maintaining the presence of a sufficient number of employees equipped to immediately remove animal feces, urine or other bodily fluids followed by cleaning and disinfection of any soiled area; and

                       3.  Limiting the number of animals that may be maintained in a common play area or in playgroups in order to prevent overcrowding and reduce the risk of zoonotic disease transmittal.

G.))  the group housing standards in section 9 of this rule and regulation are followed; and

                     J.  Not offer commercial overnight boarding, pet daycare services, or pet grooming services unless the animal shelter has obtained a public health permit for these services in accordance with the requirements of this title, as applicable.

                     SECTION 20.  R&R 09-07, Section 29, and BOH 8.03.270 are hereby amended to read as follows:

                     Animal health, care, and disease prevention standards for pet grooming services.  The owner or operator of a pet grooming service shall, for animal health, care, and disease prevention:

                     A.  Not leave pets unattended before a hot air dryer and care must be taken when using dryers to prevent burning;

                     B.  Tether in a manner that the tethered animal cannot become entangled with other pet animals and other objects, and designed to prevent the pet from falling or being hanged.  The tether or grooming loop, or both, must be attached to the dog by means of a well-fitted and nontightening collar or loop and the other end attached to a solid attachment.  All tethering chains and grooming loops shall have a swivel.  Grooming loops, tethers, or muzzles may be used only under constant direct human supervision;

                     C.  Clean and disinfect grooming equipment including but, not limited to, clipper blades, combs, and brushes, after each pet has been groomed;

                     D.  Immediately separate pets admitted for grooming services and found to be sick or significantly injured, and those suspected of having a contagious disease, from those appearing healthy and normal.  The animals found to be sick or significantly injured, and those suspected of having a contagious disease, shall be released to their owners or receive veterinary care as soon as possible after the illness or injury is discovered;

                     E.  Before admission of a dog, cat, or ferret four months of age or older, obtain a copy of a valid rabies certificate or other verification from a licensed veterinarian ((, or written acknowledgment from the pet owner,)) that the animal is currently immunized against rabies in accordance with the King County Board of Health Rabies Regulations, BOH chapter 8.04, except that verification or acknowledgment of rabies vaccination is waived at facilities where animal grooming or bathing is performed only by pet owners;

                     F.  At all times that the pet grooming services facility is open to the public or in use, ensure a person in charge is present at the facility and responsible for the care and welfare of the pets;

                     G.  Ensure that pet animal holding or drying areas ((so that they)) are large enough to allow the animals to stand, lie down, ((and)) turn around, and have access to water;

                     H.  Ensure that ((cages)) enclosures and grooming areas such as tables, benches, and tubs are structurally sound and maintained in good repair; and

                     I.  Not offer overnight boarding, pet daycare services, pet adoption services, or sales of pets unless the pet grooming business has obtained a public health permit for these services in accordance with this title, as applicable.

                     SECTION 21.  R&R 09-07, Section 30, and BOH 8.03.280 are hereby amended to read as follows:

                     Recordkeeping requirements for ((commercial kennels)) pet boarding facilities, pet daycare facilities, and animal shelters.

                     A.  The owner or operator of a ((commercial kennel)) pet boarding facility, pet daycare facility, or animal shelter shall maintain ((written)) records as applicable and as described in this section.  The owner or operator shall include the following information in the ((written)) records:

                       1.  Dates of attendance;

                       2.  Owners address and telephone number;

                       3.  Type of animal, including breed;

                       4.  Animal's name;

                       5.  Date or dates of rabies vaccinations ((or owner's written acknowledgment of current rabies vaccination));

                       6.  Dates of any bite inflicted by the animal to another animal or human, or animal bite received by the animal at the facility; ((and))

                       7.  Any illness or injury requiring the animal to be placed into the isolation area or removed from the premises for veterinary care; and

                       8.  Date of sale or other disposition.

                     B.  The owner or operator of any animal shelter shall maintain ((written)) records for each animal attending the shelter, including the following:

                       1.  Date of adoption, rescue, or placement into foster care, as applicable;

                       2.  Name, address, and telephone number of the owner or the person adopting, rescuing, or fostering the pet, as applicable;

                       3.  Type of animal, including breed if applicable;

                       4.  Animal's name, if applicable;

                       5.  Shelter identification number and tattoo, microchip, or bird leg band number, as applicable;

                       6.  Date or dates of rabies vaccination or vaccinations, as applicable under BOH chapter 8.04;

                       7.  Dates of any known or suspected zoonotic disease occurrence;

                       8.  Bite inflicted or received by the animal; and

                       9.  ((Any)) All veterinary records and records of any illness or injury requiring the animal to be placed into the isolation area or removed from the premises for veterinary care.

                     C.  The owner or operator of any ((commercial kennel)) pet boarding facility, pet daycare facility, or animal shelter shall maintain at the establishment all ((written)) records required by this section for not less than three hundred sixty-five days after the date of release of the animal from the establishment, and make all such records available to the director for examination upon request.

                     SECTION 22.  R&R 09-07, Section 31, and BOH 8.03.290 are hereby amended to read as follows:

                     Pet food retail business sanitation standards.  The pet food retail business owner or operator shall:

                     A.  Maintain all areas where equipment, supplies, and food for pets are stored in a clean and sanitary condition and free from insects and rodents; and

                     B.  Maintain a sink with ((hot and cold)) running water, soap, and a means for drying hands, conveniently available at all times.

                     SECTION 23.  R&R 09-07, Section 33, and BOH 8.03.310 are hereby amended to read as follows:

                     Pet food retail business sales of uncooked or partially cooked animal derived pet foods or treats not requiring refrigeration or freezing.  For the purpose of this section, uncooked or partially cooked animal derived pet foods and treats not requiring refrigeration or freezing are those that are cured, dried, dehydrated, or smoked and include but are not limited to pig ears, beef hooves, dried tendons, smoked bones, chicken or salmon jerky, and freeze dried seafood, meat, or animal organs.  The pet food retail business owner or operator shall:

                     A.  Provide tongs, scoops, disposable gloves, or other methods approved by the director to minimize bare hand contact with unwrapped uncooked or partially cooked animal derived pet foods or treats offered for sale from bins, baskets, or other open containers, and provide plastic bags, waxed paper bags, or other approved means for customers to carry and transport the foods or treats;

                     B.  Ensure that preschool age children do not have direct access to unwrapped, uncooked, or partially cooked animal derived pet foods or treats, including by ensuring that any open bins, baskets, or other open containers of such pet foods or treats are ((out of reach of preschool age children)) at least three feet off the ground;

                     C.  Ensure that uncooked or partially cooked animal derived pet foods and treats not requiring refrigeration or freezing offered for sale are clearly designated as pet or animal food; and

                     D.  Ensure that the following safe handling instructions, or the equivalent as approved by the director for uncooked or partially cooked animal derived pet foods or treats, are printed in a clearly visible manner on the product package, provided in writing to the purchaser, or displayed on a readily visible sign in the area of the establishment where the product is sold:

                       1.  Always wash hands with soap and water after handling pet food or treats to help prevent illness((.)); and

  2.  People with immune deficiencies and preschool age children should not handle this product.

                     SECTION 24.  R&R 09-07, Section 34, as amended, and BOH 8.03.320 are hereby amended to read as follows:

                     Emergency occurrence - ceasing operations and reporting.  The pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service, poultry retail business or pet food retail)) business owner or operator shall immediately discontinue operations and notify the director upon receiving notice of an emergency at the facility such as fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent zoonotic disease outbreak, gross insanitary occurrence, or condition or other circumstance that may endanger public health, except that the pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service, poultry retail business or pet food retail)) business owner or operator is not required to discontinue operations in an area of an establishment that is unaffected by the emergency.

                     SECTION 25.  R&R 09-07, Section 35, as amended, and BOH 8.03.330 are hereby amended to read as follows:

                     Variance.  A.  The director may grant a variance to the pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service, poultry retail business or pet food retail)) business owner or operator by modifying or waiving the requirements of this chapter if in the opinion of the director a health hazard will not result from the variance.  The applicant for a variance shall submit application in writing and shall include:

                       1.  A statement of the proposed variance of the code requirement citing relevant code section numbers; and

                       2.  A statement of the rationale for how the potential public health hazards addressed by the relevant code sections will be alternatively addressed by the proposal, and shall include documentation or other relevant evidence in support of the rationale.

                     B.  Any variance granted or denied by the director shall be in writing and shall include:

                       1.  A statement of the proposed variance of the code requirement citing relevant code section numbers; and

                       2.  As applicable, any conditions or other requirements the director determines necessary so that the relevant code sections waived or modified will be alternatively addressed ((in order)) to protect the public against a health hazard.

                     SECTION 26.  R&R 09-07, Section 36, as amended, and BOH 8.03.340 are hereby amended to read as follows:

                     Permit requirement.

                     A.  Except as provided in subsection F. of this section, it is unlawful to maintain or operate a pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service, poultry retail business or pet food retail)) business without a valid pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service, poultry retail business or pet food retail)) business operating permit issued by the director.  Each permit is valid only for the location or establishment and owner for which it is issued.  A separate permit shall be obtained for each separate pet shop, ((commercial kennel)) pet boarding facility, pet daycare facility, animal shelter, pet grooming service, poultry retail business, or pet food retail business establishment or location.  Veterinarians shall obtain the required licenses for any service other than one which by law may be performed only by a veterinarian.  However, such a license shall not be required for the veterinarian's possession of animals solely for the purposes of veterinary care.

                     B.  The director shall designate each pet shop as an aquarium only or as a standard pet shop based on the following categories of animals or other items offered for trade, transfer, adoption, or sale:

                       1.  Pet shop - aquarium only: Aquariums, with no other nonaquatic animals offered for trade, transfer, adoption, or sale.  Establishments that sell only fish and invertebrates do not require a permit; and

                       2.  Pet shop - standard: All animal trades, transfers, adoptions or sales not qualifying as aquarium only pet shop operations, excluding animal shelters, poultry retail businesses and any facilities that hold animals for not more than twenty-four hours before the animals are sold, auctioned, adopted, traded, or donated and removed from the premises.

                     C.  The director shall designate each animal shelter as a Category 1, Category 2, ((or)) Category 3, or Category 4 animal shelter based on the following criteria:

                       1.  Category 1: Animal shelter performing not more than one thousand five hundred animal adoptions per calendar year, but not including a Category 3 animal shelter;

                       2.  Category 2: Animal shelter performing more than one thousand five hundred animal adoptions per calendar year, but not including a Category 3 animal shelter; ((and))

                       3.  Category 3: Animal shelter operating a satellite pet adoption facility in a permitted pet shop, ((commercial kennel)) pet boarding facility, pet daycare facility, pet grooming service or pet food retail business in King County.; and

                       4.  Category 4: Animal shelter performing not more than five hundred animal adoptions per calendar year that offers or distributes for adoption as pets only small, non-canine, and non-feline mammals, including but not limited to ferrets, rabbits, hamsters, hedgehogs, gerbils, chinchillas, rats, or mice.

                     D.  Except as otherwise provided in this chapter, each pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service, poultry retail business or pet food retail)) business operating permit is an annual permit and shall expire on the date established by the director.

                     E.  Permits are the property of the director.  The pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service, poultry retail business or pet food retail)) business owner or operator shall display each permit issued under this chapter conspicuously in the public entry for the establishment for which it is issued ((unless the permit is expired or is suspended or revoked)).  The director may suspend or revoke a permit for violations of this chapter, including nonpayment of fees and penalties, in accordance with BOH chapter 1.08.  The owner or operator shall remove from display any expired, suspended, or revoked permit.

                     F.  A pet food retail business operating permit is not required for the sale of canned or other fully cooked pet foods or treats.  The holder of a current food establishment permit under BOH Title 5 is not required to obtain a separate pet food retail business permit for the sale of uncooked or partially cooked animal derived pet foods or treats.

                     SECTION 27.  R&R 09-07, Section 37, as amended, and BOH 8.03.350 are hereby amended to read as follows:

                     Plan review application process.

                     A.  ((Except as provided in subsection E. of this section, p)) Pet ((shop, commercial kennel, pet daycare facility, animal shelter or pet grooming service)) business permit applicants or permit holders shall submit to the director a plan review application, including completed plans and specifications, before ((a)) the pet ((shop, commercial kennel, pet daycare facility, animal shelter or pet grooming service)) business is constructed or an existing structure is converted for use as a pet ((shop, commercial kennel, pet daycare facility, animal shelter or pet grooming service)) business.  If an existing pet ((shop, commercial kennel, pet daycare facility, animal shelter or pet grooming service)) business is being or has been remodeled, or has not operated as a pet business for more than a year, the owner or operator shall notify the director of the proposed remodel or reopening and shall submit to the director a completed plan review application if the director determines that review of plans and specifications is necessary to ensure compliance with this chapter.

                     B.  The applicant or permit holder shall submit the plan review application at least thirty days before the date planned for opening the pet ((shop, commercial kennel, pet daycare facility, animal shelter or pet grooming service,)) business unless a different period is approved by the director.  The applicant shall pay the applicable plan review fees at the time the plan review application is submitted.

                     C.  ((The pet shop owner or operator shall include the following information in the plans and specifications:

                       1.  Types of animals kept and sold, including types and quantities of foods stored and provided for the animals;

                       2.  Proposed indoor and outdoor facility layout, including mechanical equipment, heating, lighting, plumbing, and provisions for isolation room or area, and construction schedule;

                       3.  Description of and types of material used for walls, floors, fencing, kennels, runs, animal enclosures, sinks and drains and dimensions of any animal enclosures;

                       4.  Description of types of waste disposal, including dead animals, sewage disposal and indoor and outdoor animal waste disposal; and

                       5.  Other information the director may require for review of the proposed construction, conversion or remodeling to ensure compliance with this chapter.

                     D.))  The ((commercial kennel, pet daycare facility, animal shelter or pet grooming service)) pet business owner or operator shall include the following information in the plans and specifications, as applicable:

                       1.  Types of animals kept ((or served)), sold, or cared for at the facility, including types and quantities of foods stored and provided for the animals;

                       2.  Proposed indoor and outdoor facility layout, including mechanical equipment, heating, lighting, plumbing, provisions for isolation ((room or area)) (except mobile grooming units), and construction schedule;

                       3.  Description of and types of material used for walls, floors, fencing, kennels, runs, animal enclosures, sinks, and drains, and dimensions of any animal enclosures;

                       4.  Description of types of waste disposal, including dead animals, sewage disposal, and indoor and outdoor animal waste disposal; and

                       5.  Other information the director may require for review of the proposed construction, conversion, or remodeling to ensure compliance with this chapter.

                     ((E.  Plan review application submittal is not required for an aquarium only pet shop or for any facility that sells, auctions, adopts, trades or donates poultry and no other animals.))

                     D.  Approval of pet business plans shall expire one year from the date of approval unless an extension is granted by the director. Upon expiration of plan approval, the applicant shall submit a new application with applicable fees for review and approval.

                     SECTION 28.  R&R 09-07, Section 38, and BOH 8.03.360 are hereby amended to read as follows:

                     Permit application process.

                     A.  The pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service or pet food retail)) business owner or operator shall, after receiving approval of plans if applicable, submit a permit application ((in writing,)) on a form provided by the director, at least thirty calendar days before the date planned for opening the facility, or the expiration date of the current permit for an existing facility unless a different period is approved by the director.  The application shall include:

                       1.  The name, mailing address, telephone number, and signature of the person applying for the permit and the name, mailing address, telephone number, and location of the pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service or pet food retail)) business;

                       2.  The name, mailing address, and telephone number of ((:)) the legal owner of the pet ((shop or pet food retail)) business, whether it be an association, corporation, individual, partnership, or other legal entity; and the local resident agent if one is required based on the type of legal ownership;

                       3.  For a new pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service or pet food retail)) business, or for a change of ownership of an existing facility, a written basic infection control plan as required by this chapter;

                       4.  For a new pet shop or poultry retailer, or for a change of ownership of a pet shop or poultry retailer, information specifying the types of animals to be offered for sale, exchange, or adoption, and whether the pet shop or poultry retailer will offer for sale uncooked or partially cooked animal derived pet foods or pet treats;

                       5.  For a new ((commercial kennel)) pet boarding facility, pet daycare facility, animal shelter, or pet grooming service, or for a change of ownership, information specifying the types of animals to be admitted to the facility, and whether the facility will offer for sale uncooked or partially-cooked animal derived pet foods or pet treats;

                       6.  A statement signed by the applicant that attests to the accuracy of the information provided in the application; and

                       7.  Other information required by the director to ensure compliance with this chapter.

                     B.  The applicant shall pay the applicable permit ((and plan review)) fees at the time the application is submitted.

                     C.  The director may issue a new or renewal permit to the applicant or may issue a permit to a new owner of an existing pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service or pet food retail)) business after a properly completed application is submitted, all outstanding fees are paid, the application is reviewed and approved, any required plan review application is submitted and approved, and the director has determined the pet ((shop or pet food retail)) business to be in compliance with this chapter.

                     D.  The director may deny the permit application or permit renewal if the applicant has any outstanding moneys owed to the ((Seattle-King County Department of)) Public Health - Seattle & King County for permit fees, renewal fees, late fees, checks returned by the bank, civil penalties, or other miscellaneous fees.

                     E.  If an application for a permit to operate is denied, the director shall provide the applicant with a notice that includes the reasons and code citations for the permit denial.

                     SECTION 29.  R&R 09-07, Section 39, and BOH 8.03.370 are hereby amended to read as follows:

                     Inspections.

                     A.  After presenting identification credentials, the director is authorized to enter and conduct inspections of any pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service or pet food retail)) business during normal business hours, hours of operation, and other reasonable times to determine compliance with and enforce this chapter, including the conditions of a permit or variance.  The facility owner or operator shall allow the director to enter and inspect the establishment, and the establishment's records required to be maintained under this chapter, to determine compliance with and enforce this chapter, including the conditions of a permit or variance.  The director is also authorized to enter any pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service or pet food retail)) business for the purpose of providing information and education to facility personnel, including written materials and consultation on good sanitation practices and methods to prevent the spread of zoonotic disease.

                     B.  The director shall document on an inspection form:

                       1.  Administrative information about the pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service or pet food retail)) business name, location, name of owner or operator, inspection date, and permit status;

                       2.  The director's inspection findings, including factual observations of violations, nonconformance with this chapter, or other substandard conditions that require correction by the permit holder;

                       3.  Failure of any owner, operator, or employee of the pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service or pet food retail)) business to allow the director access to the premises, or to the facility's records, for purposes of determining compliance with and enforcing this chapter;

                       4.  Notification of any violations requiring correction, including the time frame for completing the corrections;

                       5.  Notification that an opportunity for an office conference to review the inspection findings will be provided if a written appeal of the inspection report is submitted within ten days following ((the date)) receipt of the inspection report; and

                       6.  Other information the director deems necessary to include on the inspection report.

                     C.  ((At the conclusion of the inspection, t))The director shall furnish the owner or operator of the pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service or pet food retail)) business with a ((duplicate)) copy of the completed inspection report.

                     SECTION 30.  R&R 09-07, Section 41, and BOH 8.03.390 are hereby amended to read as follows:

                     Violation.  It is unlawful for any owner, operator, or employee of a pet ((shop, commercial kennel, pet daycare facility, animal shelter, pet grooming service or pet food retail)) business to fail to comply with this chapter or any order of the director issued to carry out or enforce this chapter.

                     SECTION 31.  The following are hereby repealed:

                     A.  R&R 09-07, Section 20, and BOH 8.03.180;

                     B.  R&R 09-07, Section 22, and BOH 8.03.200;

                     C.  R&R 09-07, Section 24, and BOH 8.03.220;

                     D.  R&R 09-07, Section 25, and BOH 8.03.230; and

                     E.  R&R 09-07, Section 27, and BOH 8.03.250.

                     SECTION 32.  Severability.  If any provision of this rule or its application to any person or circumstance is held invalid, the remainder of the rule or the application of the provision to other persons or circumstances is not affected.

                     SECTION 33.  Effective date.  This rule takes effect January 1, 2027.