CERTIFICATION OF ENROLLMENT

 

               SECOND ENGROSSED SENATE BILL 6001

 

 

                   Chapter 263, Laws of 2002

 

 

                        57th Legislature

                      2002 Regular Session

 

 

LANDLORD-TENANT ACT--FIRE OFFICIALS--SEARCHES

 

 

 

                    EFFECTIVE DATE:  6/13/02

 

Passed by the Senate March 11, 2002

  YEAS 44   NAYS 0

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House March 6, 2002

  YEAS 92   NAYS 0

             CERTIFICATE

 

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SECOND ENGROSSED SENATE BILL 6001 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

              FRANK CHOPP

Speaker of the

      House of Representatives

            TONY M. COOK

                            Secretary

 

 

 

 

 

 

Approved March 29, 2002 Place Style On Codes above, and Style Off Codes below.   

                                FILED          

 

 

           March 29, 2002 - 3:58 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                    ENGROSSED SENATE BILL 6001

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 2002 Regular Session

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators Carlson and Winsley

 

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

Authorizing inspections of 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.

    (2) Upon written notice of intent to seek a search warrant, when a tenant or landlord denies a fire official the right to search a dwelling unit, a fire official may immediately seek a search warrant and, upon a showing of probable cause specific to the dwelling unit sought to be searched that criminal fire code violations exist in the dwelling unit, a court of competent jurisdiction shall issue a warrant allowing a search of the dwelling unit.

    Upon written notice of intent to seek a search warrant, when a landlord denies a fire official the right to search the common areas of the rental building other than the dwelling unit, a fire official may immediately seek a search warrant and, upon a showing of probable cause specific to the common area sought to be searched that a criminal fire code violation exists in those areas, a court of competent jurisdiction shall issue a warrant allowing a search of the common areas in which the violation is alleged.

    The superior court and courts of limited jurisdiction organized under Titles 3, 35, and 35A RCW have jurisdiction to issue such search warrants.  Evidence obtained pursuant to any such search may be used in a civil or administrative enforcement action.

    (3) As used in this section:

    (a) "Common areas" means a common area or those areas that contain electrical, plumbing, and mechanical equipment and facilities used for the operation of the rental building.

    (b) "Fire official" means any fire official authorized to enforce the state or local fire code.

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

    (((3))) (5) 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))) (6) The landlord has no other right of access except by court order, arbitrator or by consent of the tenant.

    (((5))) (7) A landlord or tenant who continues to violate the rights of the tenant or landlord with respect to the duties imposed on the other as set forth in 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)) landlord or tenant may recover costs of the suit or arbitration under this section, and may also recover reasonable attorneys' fees.

    (8) Nothing in this section is intended to abrogate or modify in any way any common law right or privilege.


    Passed the Senate March 11, 2002.

    Passed the House March 6, 2002.

Approved by the Governor March 29, 2002.

    Filed in Office of Secretary of State March 29, 2002.