6001 AAS 03/12/01 S2143.3
SB 6001 - S AMD 065
By Senator Carlson
ADOPTED 03/12/01
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 59.18.150 and 1989 c 342 s 7 and 1989 c 12 s 18 are each reenacted and amended to read as follows:
(1) The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors, or to allow for the inspection of a dwelling unit by a fire official for violations of the fire code when the fire official has reason to believe that there exist conditions which constitute a distinct hazard to life or property as provided in subsection (2) of this section.
(2) A landlord may not deny a fire official the right to inspect a dwelling unit under subsection (1) of this section for violations of the fire code when the fire official has reason to believe that there exist conditions which constitute a distinct hazard to life or property. A landlord may not deny a fire official the right to inspect all portions of a rental building other than the dwelling unit, including but not limited to common areas and those areas that contain electrical, plumbing, and mechanical equipment and facilities used for the operation of the rental building, for compliance with state and local fire codes. Nothing in this subsection is intended to require a landlord to obtain a court order for entry over a tenant's objection.
(3) Upon written notice of intent to seek an order, when a tenant or landlord denies a fire official the right to inspect a dwelling unit, a fire official may immediately seek and a court of competent jurisdiction, upon a showing of probable cause that fire code violations exist in the dwelling unit which constitute a present and distinct hazard to life or property, shall issue an order allowing inspection of the dwelling unit.
Upon written notice of intent to seek an order, when a landlord denies a fire official the right to inspect the common areas of the rental building other than the dwelling unit, as described in subsection (2) of this section, a fire official may immediately seek and a court of competent jurisdiction, upon a showing of probable cause that a fire code violation which constitutes a present and distinct hazard to life or property exists in those areas, shall issue an order allowing inspection of those common areas of the rental building other than the dwelling unit, as described in subsection (2) of this section.
The superior court and courts of limited jurisdiction organized under Titles 3, 35, and 35A RCW have jurisdiction to issue such orders.
(4) "Fire official" means any fire official authorized to enforce the state or local fire code.
(5) The landlord may enter the dwelling unit without consent of the tenant in case of emergency or abandonment.
(((3)))
(6) The landlord shall not abuse the right of access or use it to harass
the tenant. Except in the case of emergency or if it is impracticable to do
so, the landlord shall give the tenant at least two days' notice of his or her
intent to enter and shall enter only at reasonable times. The tenant shall not
unreasonably withhold consent to the landlord to enter the dwelling unit at a
specified time where the landlord has given at least one day's notice of intent
to enter to exhibit the dwelling unit to prospective or actual purchasers or
tenants. A landlord shall not unreasonably interfere with a tenant's enjoyment
of the rented dwelling unit by excessively exhibiting the dwelling unit.
(((4)))
(7) The landlord has no other right of access except by court order,
arbitrator or by consent of the tenant.
(((5)))
(8) A landlord or tenant who continues to violate this section after
being served with one written notification alleging in good faith violations of
this section listing the date and time of the violation shall be liable for up
to one hundred dollars for each violation after receipt of the notice. The
prevailing party may recover costs of the suit or arbitration under this
section, and may also recover reasonable attorneys' fees.
(9) Nothing in this section is intended to abrogate or modify in any way any common law right or privilege."
SB 6001 - S AMD
By Senator Carlson
ADOPTED 03/12/01
On page 1, line 2 of the title, after "violations;" strike the remainder of the title and insert "and reenacting and amending RCW 59.18.150."
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