S-1557               _______________________________________________

                                                   SENATE BILL NO. 5790

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senator Warnke

Read first time 2/13/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to mechanics and materialmen's liens; and amending RCW 60.04.230 and 18.27.210.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 3, chapter 202, Laws of 1984 and RCW 60.04.230 are each amended to read as follows:

          (1) For any construction project costing more than five thousand dollars where the primary use of the improvements on the real property is for one or more residences the prime contractor shall post in plain view for the duration of the construction project a legible notice at the construction job site containing the following:

          (a) The legal description, the street address if available, and any other identification of the construction site by the prime contractor;

          (b) The property owner's name, address, and phone number;

          (c) The prime contractor's business name, address, phone number, current state contractor registration number and identification; and

          (d) Either:

          (i) The name, address, and phone number of the office of the lender administering the interim construction financing; or

          (ii) The name and address of the firm that has issued a payment bond on behalf of the prime contractor for the protection of the owner if the bond is for an amount not less than fifty percent of the total amount of the construction project.

          (2) For any construction project not subject to subsection (1) of this section costing more than five thousand dollars, the prime contractor shall post in plain view for the duration of the construction project a legible notice at the construction job site containing the following:

          (a) The legal description or the street address and any other identification of the construction site by the prime contractor;

          (b) The property owner's name, address, and phone number;

          (c) The prime contractor's business name, address, phone number, current state contractor registration number and identification.

          (3) Failure to comply with this section is ((a gross misdemeanor)) an infraction under chapter 18.27 RCW.  Each day that a contractor works at a worksite without complying with this section is a separate infraction.  Each worksite at which a contractor works without complying with this section is a separate infraction.

Sec. 2.  Section 2, chapter 2, Laws of 1983 1st ex. sess. as amended by section 2, chapter 197, Laws of 1986 and RCW 18.27.210 are each amended to read as follows:

The director shall appoint compliance inspectors to investigate alleged or apparent violations of this chapter and RCW 60.04.230.  If the name of the contractor allegedly or apparently in violation of this chapter is not known, or if the name of the contractor does not appear on the latest list of registered contractors compiled under RCW 18.27.120(1), upon presentation of credentials, a compliance inspector of the department may inspect sites at which a contractor had bid or presently is working to determine whether the contractor is registered in accordance with this chapter.  Upon request of the compliance inspector of the department, a contractor or an employee of the contractor shall provide information identifying the contractor.  If the employee of an unregistered contractor is cited by a compliance inspector, that employee is cited as the agent of the employer-contractor, and issuance of the infraction to the employee is notice to the employer-contractor that the contractor is in violation of this chapter.  An employee who is cited by a compliance inspector shall not be liable for any of the alleged violations contained in the citation unless the employee is also the contractor.