ENGROSSED HOUSE BILL 1096







                        52nd Legislature

                      1991 Regular Session



Passed by the House February 8, 1991

  Yeas 92   Nays 0




Speaker of the

       House of Representatives


Passed by the Senate April 8, 1991

  Yeas 48   Nays 0




President of the Senate












Governor of the State of Washington



I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1096 as passed by the House of Representatives and the Senate on the dates hereon set forth.




                                      Chief Clerk











                        Secretary of State   

                       State of Washington  




                             ENGROSSED HOUSE BILL 1096



                     Passed Legislature - 1991 Regular Session



State of Washington              52nd Legislature             1991 Regular Session


By Representatives Winsley, Nelson, Ballard, Wineberry, Mitchell, Franklin, Leonard, Ogden, Riley, Roland, Jones and Sheldon.


Read first time January 18, 1991.  Referred to Committee on Housing.Increasing the fine for failing to install smoke detectors.

     AN ACT Relating to smoke detection devices; amending RCW 48.48.140, 59.18.060, and 59.18.130; and prescribing penalties.




     Sec. 1.  RCW 48.48.140 and 1986 c 266 s 89 are each amended to read as follows:

     (1) Smoke detection devices shall be installed inside all dwelling units:

     (a) Occupied by persons other than the owner on and after December 31, 1981; or

     (b) Built or manufactured in this state after December 31, 1980.

     (2) The smoke detection devices shall be designed, manufactured, and installed inside dwelling units in conformance with:

     (a) Nationally accepted standards; and

     (b) As provided by the administrative procedure act, chapter 34.05 RCW, rules and regulations promulgated by the director of community development, through the director of fire protection.

     (3) Installation of smoke detection devices shall be the responsibility of the owner.  Maintenance of smoke detection devices, including the replacement of batteries where required for the proper operation of the smoke detection device, shall be the responsibility of the tenant, who shall maintain the device as specified by the manufacturer.  At the time of a vacancy, the owner shall insure that the smoke detection device is operational prior to the reoccupancy of the dwelling unit.

     (4) Any owner or tenant failing to comply with this section shall be punished by a fine of not more than ((fifty)) two hundred dollars.

     (5) For the purposes of this section:

     (a) "Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation; and

     (b) "Smoke detection device" means an assembly incorporating in one unit a device which detects visible or invisible particles of combustion, the control equipment, and the alarm-sounding device, operated from a power supply either in the unit or obtained at the point of installation.


     Sec. 2.  RCW 59.18.060 and 1973 1st ex.s. c 207 s 6 are each amended to read as follows:

     The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular:

     (1) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition substantially endangers or impairs the health or safety of the tenant;

     (2) Maintain the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components in reasonably good repair so as to be usable and capable of resisting any and all normal forces and loads to which they may be subjected;

     (3) Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident;

     (4) Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single family residence, control infestation during tenancy except where such infestation is caused by the tenant;

     (5) Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy;

     (6) Provide reasonably adequate locks and furnish keys to the tenant;

     (7) Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him in reasonably good working order;

     (8) Maintain the dwelling unit in reasonably weathertight condition;

     (9) Except in the case of a single family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage, incidental to the occupancy and arrange for the reasonable and regular removal of such waste;

     (10) Except where the building is not equipped for the purpose, provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant;

     (11) Provide a written notice to the tenant that the dwelling unit is equipped with a smoke detection device as required in RCW 48.48.140.  The notice shall inform the tenant of the tenant's responsibility to maintain the smoke detection device in proper operating condition and of penalties for failure to comply with the provisions of RCW 48.48.140(3).  The notice must be signed by the landlord or the landlord's authorized agent and tenant with copies provided to both parties.

     (12) Designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously posted on the premises.  The tenant shall be notified immediately of any changes by certified mail or by an updated posting.  If the person designated in this section does not reside in the state where the premises are located, there shall also be designated a person who resides in the county who is authorized to act as an agent for the purposes of service of notices and process, and if no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered such agent.

     No duty shall devolve upon the landlord to repair a defective condition under this section, nor shall any defense or remedy be available to the tenant under this chapter, where the defective condition complained of was caused by the conduct of such tenant, his family, invitee, or other person acting under his control, or where a tenant unreasonably fails to allow the landlord access to the property for purposes of repair.  When the duty imposed by subsection (1) of this section is incompatible with and greater than the duty imposed by any other provisions of this section, the landlord's duty shall be determined pursuant to subsection (1) of this section.


     Sec. 3.  RCW 59.18.130 and 1988 c 150 s 2 are each amended to read as follows:

     Each tenant shall pay the rental amount at such times and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances, and regulations, and in addition shall:

     (1) Keep that part of the premises which he occupies and uses as clean and sanitary as the conditions of the premises permit;

     (2) Properly dispose from his dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant;

     (3) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord;

     (4) Not intentionally or negligently destroy, deface, damage, impair, or remove any part of the structure or dwelling, with the appurtenances thereto, including the facilities, equipment, furniture, furnishings, and appliances, or permit any member of his family, invitee, licensee, or any person acting under his control to do so. Violations may be prosecuted under chapter 9A.48 RCW if the destruction is intentional and malicious;

     (5) Not permit a nuisance or common waste;

     (6) Not engage in drug-related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug-related activity at the rental premises with the knowledge or consent of the tenant.  "Drug-related activity" means that activity which constitutes a violation of chapter 69.41, 69.50, or 69.52 RCW; ((and))

     (7) Maintain the smoke detection device in accordance with the manufacturer's recommendations, including the replacement of batteries where required for the proper operation of the smoke detection device, as required in RCW 48.48.140(3); and

     (8) Upon termination and vacation, restore the premises to their initial condition except for reasonable wear and tear or conditions caused by failure of the landlord to comply with his obligations under this chapter:  PROVIDED, That the tenant shall not be charged for normal cleaning if he has paid a nonrefundable cleaning fee.