S-1555.1  _______________________________________________

                         SENATE BILL 6001

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Carlson and Winsley

Read first time 02/13/2001.  Referred to Committee on Judiciary.

Inspecting tenant dwelling units for fire code violations.

    AN ACT Relating to inspections of tenant dwelling units by fire department officials for fire code violations; and reenacting and amending RCW 59.18.150.

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

    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 allow for the inspection of the dwelling unit by a fire department official for violations of the fire code.

(2) A landlord may not deny a fire department official the right to inspect a dwelling unit under subsection (1) of this section.

    (((2))) (3) The landlord may enter the dwelling unit without consent of the tenant in case of emergency or abandonment.

    (((3))) (4) 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))) (5) The landlord has no other right of access except by court order, arbitrator or by consent of the tenant.

    (((5))) (6) 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.

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