14.40.050 Applicability.
A. The provisions of this chapter shall apply to any affected employer within the corporate limits of the city. Each affected employee will be counted only at a single worksite.
B. Notification of Applicability.
1. The city will publish a notice of availability of a summary of the ordinance codified in this chapter and a notice of the requirements and criteria for affected employers to comply with the ordinance at least once in the city’s official newspaper not more than 30 days after passage of the ordinance codified in this chapter.
2. Affected employers located in the city will receive formal written notification that they are subject to this chapter within 30 days after passage of the ordinance codified in this chapter. Such notification shall provide 90 days for the affected employer to establish a baseline measurement consistent with the measurement requirements specified by the city. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the city under previous iterations of this code, the employer is not required to perform another baseline measurement.
3. Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance codified in this chapter must identify themselves to the city within 90 days of the passage of the ordinance and will be granted a 90-day extension to establish a baseline measurement consistent with the measurement requirements specified by the city.
C. Newly Affected Employers. Employers that meet the definition of “affected employer” in this chapter must identify themselves to the city within 90 days of either moving into the corporate limits of the city or growing in employment at a worksite to 100 or more affected employees. Such employers shall be granted 90 days from the date they identify themselves to perform a baseline measurement consistent with the measurement requirements specified by the city. Not more than 90 days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR program to the city. The program will be developed to be consistent with the goals of the adopted CTR plan and be implemented not more than 90 days after approval by the city. Employers who do not identify themselves or implement an approved CTR program according to this schedule are in violation of this section and are subject to the penalty provisions outlined in BCC 14.40.110 (Compliance, civil violations and penalties).
D. Change in Status as an Affected Employer. Any of the following changes in an employer’s status will change the employer’s CTR program requirements:
1. If an employer initially designated as an affected employer no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer an affected employer. It is the responsibility of the employer to provide documentation to the city that it is no longer an affected employer.
2. If the same employer returns to the level of 100 or more affected employees within the same 12 months, that employer will be considered an affected employer for the entire 12 months and will be subject to the same program requirements as other affected employers.
3. If the same employer returns to the level of 100 or more affected employees 12 or more months after its change in status to an “unaffected” employer, that employer shall be treated as a newly affected employer and will be subject to the same program requirements as other newly affected employers. (Ord. 5795 § 5, 2008; Ord. 5157 § 6, 1999; Ord. 4506 § 1, 1993. Formerly 14.40.060.)