14.06.060 Applicability | Bothell Municipal Code

14.06.060 Applicability.

The provisions of this chapter shall apply to any major employer or voluntary worksite within the corporate limits of the city. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees: (1) seasonal agricultural employees, including seasonal employees of processors of agricultural products; and (2) employees of construction worksites when the expected duration of the construction is less than two years.

1. In addition to Bothell’s established public notification for adoption of an ordinance, a summary of the ordinance that establishes this chapter, a notice of availability of the full text of the same, a notice of the requirements and criteria for major employers to comply with the same, and subsequent revisions shall be published at least once in a local newspaper of general public circulation, within 30 days after passage or revision of the same.

2. Major employers located in the city are to receive written notification that they are subject to this chapter. Such notice shall be addressed to the company’s chief executive officer, senior official, or CTR manager at the worksite. The major employer shall collect baseline data within 90 days of notification. After the results of the baseline data are provided to the major employer, the major employer shall submit a CTR program to the city within 90 days.

3. Major employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance codified in this chapter and are either notified or identify themselves to the city within 90 days of the passage of said ordinance shall collect baseline data within 90 days of notification or the major employer shall submit a CTR program within 90 days of receipt of the baseline data results.

1. Employers that meet the definition of “major employer” in this chapter must identify themselves to the city within 90 days of either moving into the boundaries of Bothell or growing in employment at a worksite to 100 or more affected employees as specified under BMC 14.06.010(1). The employer will be given 90 days to begin baseline data collection, and an additional 90 days to submit a CTR program once the baseline survey results are given to the employer. The CTR program will be developed in consultation with the city and implemented not more than 90 days after the program’s approval. Employers who do not implement an approved CTR program according to this section are in violation of this chapter.

2. An employer that does not identify itself within 90 days is in violation and subject to penalties described in BMC 14.06.120, Enforcement.

C. Change in Status as a Major 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 a major employer no longer employs a sufficient number of employees to qualify as a major employer as specified under BMC 14.06.010(35) and can provide documentation that it will not employ a sufficient number of full-time employees to qualify as a major employer as specified under BMC 14.06.010(35) for the next 12 months, that employer is no longer a major employer. It is the responsibility of the employer to provide documentation to the city that it is no longer a major employer.

2. If the same employer returns to the level of employment of a sufficient number of full-time employees to qualify as a major employer as specified under BMC 14.06.010(35) within the same 12 months, that employer is required to notify the city and will be considered a major employer for the entire 12 months, and will be subject to the same program requirements as other major employers.

3. If the same employer returns to the level of employment of a sufficient number of full-time employees to qualify as a major employer as specified under BMC 14.06.010(35) 12 or more months after its change in status to a “voluntary” employer or an unaffected employer, that employer shall be treated as a new major employer and will be subject to the same program requirements as other new major employers. (Ord. 2207 § 1 (Exh. A), 2016; Ord. 2017 § 1 (Att. A), 2009; Ord. 1789 § 1, 1999).