Section 606 of the International Fire Code is hereby amended with a new Section 606.9 to read as follows:

606.9 Duty of building operators to repair elevator and give notice.

Any owner or lessor of the entirety of a building subject to this chapter, or any agent thereof with the responsibility for managing such building (hereafter "building operator") shall ensure that the elevator is accessible, usable and in good working order at all times.

606.9.1 Communication. Whenever an elevator is out of service, the building operator shall provide notice to all occupants in the building via text, e-mail, or phone call as well as a written notice posted on or adjacent to the elevator on each floor. The notice shall contain at least the following information:

1. The anticipated date and time that elevator service will resume;

2. Accommodations available for occupants that are dependent on elevator; and

3. Contact information if occupants have any questions.

Exception: Non-residential buildings may limit the notice to a written notice posted with the above information on or adjacent to the elevator on each floor.

606.9.2 Residential Buildings Served by a Single Elevator Level of Service. Buildings served by a single elevator shall maintain a full-service maintenance contract with a Washington State Licensed Elevator Company that provides the industries’ highest-level service.

606.9.3 Accommodations for Residential Buildings Served by a Single Elevator. Residential building served by a single elevator shall maintain a plan to address out of service conditions for mobility impaired occupants at no cost to the occupant. Such plan shall include at least the following elements:

1. Transportation in and out of the building. Building operators shall maintain a list of companies qualified to transport mobility impaired individuals in and out of the building up to once per day at no expense to the individual when elevator is out of service for up to 24 hours.

2. Alternate housing. When the elevator is out of service for longer than 72 hours, the building operator shall provide upon request alternative housing for any person residing in the building who needs to use the elevator to gain access to or egress from his or her unit because of such person’s impaired ability to climb stairs as a result of such person’s physical disability, medical condition, infirmity, illness or other disability. Such alternative housing shall be decent, safe, sanitary and provide reasonable accommodation for the person’s disability. Any alternate housing shall be provided at the building operator’s expense. The duty to provide alternative housing shall not arise if the building operator is prevented from repairing the elevator within seventy-two hours or any time thereafter due to a natural disaster or an act of God.

606.9.4 Failure to timely repair – Civil remedies. Where the failure to timely repair an elevator or to provide alternative housing, as required by Section 606.9 results in any person residing in the building having substantially restricted access to or egress from his or her unit because of such person’s impaired ability to climb stairs as a result of such person’s physical disability, medical condition, infirmity, illness or other similar circumstance, the person whose access to or egress from such building has been substantially restricted as set forth in this subsection may request the City of Bellevue initiate a code compliance investigation. If upon investigation the City of Bellevue determines a building operator has violated a provision of BCC 23.11.606 it may issue a civil violation pursuant to BCC 1.18 and also pursue such other legal remedies as may be appropriate.

606.9.5 Prohibition on retaliation and discrimination in renting.

A. No landlord or building operator may bring or threaten to bring an action to recover possession, cause a tenant to quit the unit involuntarily, serve any notice to quit or notice of termination of tenancy, decrease any services or increase the rent where the landlord’s intention is retaliation against the tenant for the tenant’s assertion or exercise of rights under this chapter by reason of their disability. Such retaliation shall be a defense to an action to recover possession, or it may serve as a basis for an affirmative suit by the tenant for actual and punitive damages and injunctive relief as may be available through the Human Rights Commission pursuant to RCW 49.60, or other legal remedy.

B. It shall be illegal for any landlord to refuse to rent to any persons on the grounds that they may assert their rights under this chapter because they require an elevator for access to or egress from the building. Any such claim may be made to the Human Rights Commission pursuant to RCW 49.60.

606.9.6 Remedies cumulative. The remedies provided by this chapter are in addition to all other remedies available to any party with respect to ensuring accessibility and usability of elevators.