Sec. 1   RCW 64.50.010 and 2002 c 323 s 2 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross-claim, for damage or the loss of use of real or personal property caused by a defect in the construction of a residence or in the substantial remodel of a residence. "Action" does not include any civil action in tort alleging personal injury or wrongful death to a person or persons resulting from a construction defect.
     (2) "Association" means an association, master association, or subassociation as defined and provided for in RCW 64.34.020(4), 64.34.276, 64.34.278, and 64.38.010(1).
     (3) "Claimant" means a homeowner or association who asserts a claim against a construction professional concerning a defect in the construction of a residence or in the substantial remodel of a residence.
     (4) "Construction professional" means an architect, builder, builder vendor, contractor, subcontractor, engineer, or inspector, including, but not limited to, a dealer as defined in RCW 64.34.020(((12))) and a declarant as defined in RCW 64.34.020(((13))), performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property, whether operating as a sole proprietor, partnership, corporation, or other business entity.
     (5) "Homeowner" means: (a) Any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the construction, sale, or construction and sale of a residence; and (b) an "association" as defined in this section. "Homeowner" includes, but is not limited to, a subsequent purchaser of a residence from any homeowner.
     (6) "Residence" means a single-family house, duplex, triplex, quadraplex, or a unit in a multiunit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system, and shall include common elements as defined in RCW 64.34.020(6) and common areas as defined in RCW 64.38.010(4).
     (7) "Response notice" means a written response provided by a construction professional under RCW 64.50.020(2).
     (8) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.
     (((8))) (9) "Substantial remodel" means a remodel of a residence, for which the total cost exceeds one-half of the assessed value of the residence for property tax purposes at the time the contract for the remodel work was made.

Sec. 2   RCW 64.50.020 and 2002 c 323 s 3 are each amended to read as follows:
     (1) In every construction defect action brought against a construction professional, the claimant shall, no later than forty-five days before filing an action, serve written notice of claim on the construction professional. The notice of claim shall state that the claimant asserts a construction defect claim against the construction professional and shall describe the claim in reasonable detail sufficient to determine the general nature of the defect.
     (2) Within twenty-one days after service of the notice of claim, the construction professional shall serve a written response notice on the claimant by registered mail or personal service. The written response notice shall:
     (a) Propose to inspect the residence that is the subject of the claim, including a description of the scope of the inspection, and to complete the inspection within a specified time frame. The proposal shall include the statement that the construction professional shall, based on the inspection, offer to remedy the defect, compromise by payment, or dispute the claim;
     (b) Offer to compromise and settle the claim by monetary payment without inspection. A construction professional's offer under this subsection (2)(b) to compromise and settle a homeowner's claim may include, but is not limited to, an express offer to purchase the claimant's residence that is the subject of the claim, and to pay the claimant's reasonable relocation costs; or
     (c) State that the construction professional disputes the claim and will neither remedy the construction defect nor compromise and settle the claim.
     (3)(a) If the construction professional disputes the claim or does not respond to the claimant's notice of claim within the time stated in subsection (2) of this section, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.
     (b) If the claimant rejects the ((inspection proposal or the)) settlement offer made by the construction professional pursuant to subsection (2) of this section, the claimant shall serve written notice of the claimant's rejection on the construction professional. After service of the rejection, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim. If the construction professional has not received from the claimant, within thirty days after the claimant's receipt of the construction professional's response, either an acceptance or rejection of the ((inspection proposal or)) settlement offer, then at anytime thereafter the construction professional may terminate the ((proposal or)) offer by serving written notice to the claimant, and the claimant may thereafter bring an action against the construction professional for the construction defect claim described in the notice of claim.
     (4)(a) If the ((claimant elects to allow the)) construction professional proposes to inspect ((in accordance with the construction professional's proposal)) pursuant to subsection (2)(a) of this section, the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to inspect the premises and the claimed defect.
     (b) Whether conducted by a third-party inspector or the construction professional, the person conducting the inspection shall produce a written report that describes the scope of the inspection, the findings and results of the inspection, a description of the additional construction necessary to remedy the defect described in the claim, a timetable for the completion of such construction, and an estimate of the costs of repair.
     (c) Within fourteen days following completion of the inspection and delivery of the inspection report, the construction professional shall serve on the claimant:
     (i) A written offer to remedy the construction defect at no cost to the claimant((, including a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction necessary to remedy the defect described in the claim, and a timetable for the completion of such construction));
     (ii) A written offer to compromise and settle the claim by monetary payment pursuant to subsection (2)(b) of this section; or
     (iii) A written statement that the construction professional will not proceed further to remedy the defect.
     (((c))) (d) If the construction professional does not proceed further to remedy the construction defect within the agreed timetable, or if the construction professional fails to comply with the provisions of (((b))) (c) of this subsection, the claimant may bring an action against the construction professional for the claim described in the notice of claim without further notice.
     (((d))) (e) If the claimant rejects the offer made by the construction professional pursuant to (((b))) (c)(i) or (ii) of this subsection to either remedy the construction defect or to compromise and settle the claim by monetary payment, the claimant shall serve written notice of the claimant's rejection on the construction professional.
     (f) After service of the rejection notice pursuant to (e) of this subsection, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim. If the construction professional has not received from the claimant, within thirty days after the claimant's receipt of the construction professional's response, either an acceptance or rejection of the offer made pursuant to (((b))) (c)(i) or (ii) of this subsection, then at anytime thereafter the construction professional may terminate the offer by serving written notice to the claimant.
     (5)(a) Any claimant accepting the offer of a construction professional to remedy the construction defect pursuant to subsection (((4)(b)(i))) (4)(c)(i) of this section shall do so by serving the construction professional with a written notice of acceptance within a reasonable time period after receipt of the offer, and no later than thirty days after receipt of the offer. The claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's residence during normal working hours to perform and complete the construction by the timetable stated in the offer.
     (b) The claimant and construction professional may, by written mutual agreement, alter the extent of construction or the timetable for completion of construction stated in the offer, including, but not limited to, repair of additional defects.
     (6) Any action commenced by a claimant prior to compliance with the requirements of this section shall be subject to dismissal without prejudice, and may not be recommenced until the claimant has complied with the requirements of this section.
     (7) Nothing in this section may be construed to prevent a claimant from commencing an action on the construction defect claim described in the notice of claim if the construction professional fails to perform the construction agreed upon, fails to remedy the defect, or fails to perform by the timetable agreed upon pursuant to subsection (2)(a) or (5) of this section.
     (8) Prior to commencing any action with a court or the residential construction board alleging a construction defect, or after the dismissal of any action without prejudice pursuant to subsection (6) of this section, the claimant may amend the notice of claim to include construction defects discovered after the service of the original notice of claim, and must otherwise comply with the requirements of this section for the additional claims. The service of an amended notice of claim shall relate back to the original notice of claim for purposes of tolling statutes of limitations and repose. Claims for defects discovered after the commencement or recommencement of an action may be added to such action only after providing notice to the construction professional of the defect and allowing for response under subsection (2) of this section.

NEW SECTION.  Sec. 3   For the purposes of sections 4 through 13 of this act, the following definitions apply unless the context clearly requires otherwise:
     (1) "Board" means the residential construction board created under section 4 of this act.
     (2) "Contractor" means a person registered under chapter 18.27 RCW who performed services for the construction, alteration, or repair of a residence.
     (3) "Mediator" means a person selected by the residential construction board to investigate defect complaints under this chapter.
     (4) "Owner" means a person that possesses an interest in a residence or in land that is a residential site or has entered into a contract for the purchase of an interest in the residence or land. "Owner" includes, but is not limited to, a subsequent purchaser of a residence from any owner.
     (5) "Residence" means a single-family house, duplex, triplex, or quadraplex.

NEW SECTION.  Sec. 4   A residential construction board is created in the office of the attorney general. The board shall consist of seven members, appointed by the governor. The governor shall appoint initial members of the board to staggered terms of two to four years. Thereafter, all members shall be appointed to full four-year terms. Members of the board hold their office until successors are appointed. A vacancy is filled by appointment by the governor for the unexpired portion of the term in which the vacancy occurs. Existing members of the board may be reappointed for additional terms. The board shall select from its members a chair, vice-chair, and any other officer the board determines is necessary to perform its duties. The board shall consist of:
     (1) Three members possessing a minimum of ten years of experience in the construction of residences and directly, as employees or officers of a firm, registered under chapter 18.27 RCW;
     (2) One member possessing a minimum of ten years of experience in the remodeling of residences and directly, as employees or officers of a firm, registered under chapter 18.27 RCW;
     (3) One building inspector employed by a city or county; and
     (4) Two members of the general public.

NEW SECTION.  Sec. 5   (1) The board shall form and manage a consumer education office whose duties must include:
     (a) Educating consumers about contracting for residential construction services, including the requirements of chapter 18.27 RCW and methods available to protect themselves against loss;
     (b) Producing written and electronic consumer education materials about contracting for residential construction services and legal resources available to consumers;
     (c) Creating a pamphlet explaining a homeowner's legal rights and remedies and provide contractors and other construction professionals with a downloadable version of the brochure to attach to contracts for purchase and sale of new residential real property or the substantial remodel of existing residential real property. The office shall periodically update this pamphlet;
     (d) Identifying and working collaboratively with agencies and organizations who are already engaged in consumer education efforts in the area of residential construction, such as the department of labor and industries, the department of licensing, local governments, the construction industry, financial institutions, and other interested organizations and individuals, to increase outreach to consumers;
     (e) Sharing consumer education materials with and serve as a resource for agencies and organizations who are already engaged in consumer education;
     (f) Developing a uniform manner of receiving, cataloging, analyzing, and responding to consumer complaints about residential construction;
     (g) Identifying which agencies and organizations are already receiving complaints and coordinate with them to ensure that all agencies and organizations are requesting the same information from complaining consumers and that all consumers are referred to the office;
     (h) Entering into data-sharing agreements with the department of labor and industries, local governments, and other agencies with enforcement duties in residential construction to increase assistance to consumers and enforcement of construction-related laws; and
     (i) Reporting to the legislature on an annual basis the total number of complaints, the nature of the complaints, the monetary value of the complaints, whether complaints have been resolved, and any other information that the office deems relevant. The first report is due on January 1, 2011, and subsequent reports are due on November 1st of each year thereafter.
     (2) The board shall:
     (a) Manage a residential construction complaint resolution process consistent with the requirements of sections 7 through 13 of this act; and
     (b) Report to the legislature on an annual basis any recommendations for changes in law or rule to improve the quality of residential home construction.

NEW SECTION.  Sec. 6   (1) The board shall solicit and review qualifications for mediators based on the following standards:
     (a) Minimum of ten years of experience in residential construction;
     (b) Current contractors registration in the state or former contractors registration in the state, provided that the registration was not terminated by an action of the department of labor and industries; and
     (c) Other qualifications the board may deem appropriate.
     (2)(a) By a majority vote, the board shall select mediators that meet the qualifications of the board. There is no right of appeal of a selection decision made by the board. All qualified mediator names must be compiled into a single ranked list. Names of newly selected mediators must be added to the bottom of the list.
     (b) Mediators may not be employees of the board or the state. Mediators must be paid on a per case basis at a rate set by the board.
     (c) Mediators may be removed from the list for any reason by a majority vote of the members of the board. There is no right of appeal of a removal decision made by the board.

NEW SECTION.  Sec. 7   (1) The board shall assign a mediator to each complaint filed with the board. The board shall assign the mediator from the top of the list of mediators approved by the board by providing written notice to the mediator, owner, and contractor of the assignment.
     (2) A mediator may reject an assignment for any reason by providing written notice to the board within five business days of receiving the assignment notice from the board. A mediator shall reject an assignment if the mediator is aware of any common financial interest between the mediator and the owner or contractor.
     (3) The mediator shall disclose in writing within three business days of receiving the assignment notice to the board, the owner, and the contractor any preexisting personal or professional relationships between the mediator and the owner or the contractor. The presence of a preexisting relationship is not a basis for requiring a mediator to reject an assignment.
     (4) The owner may reject up to one mediator for any reason, by providing written notice to the board of the rejection within five business days of receiving the assignment notice from the board.
     (5) The contractor may reject up to one mediator for any reason, by providing written notice to the board of the rejection within five business days of receiving the assignment notice from the board.
     (6) If a mediator assignment is rejected for any reason, the board shall assign the next mediator in the manner provided for under this section.
     (7) After the mediator is assigned to a complaint, regardless of whether the mediator rejects or is rejected from further investigation of the complaint, the mediator's name must be added at the bottom of the list of approved mediators and must be available for assignment to future cases as the mediator's name advances on the list.

NEW SECTION.  Sec. 8   If an owner files a complaint with the board against any contractor to assert a claim arising out of or related to the construction, alteration, or repair of a residence located in this state and the owner has not followed the procedure set forth in this chapter, the board shall dismiss the complaint without prejudice.

NEW SECTION.  Sec. 9   A complaint filed under section 11 of this act must arise from the performance, or a contract for the performance, of work that requires a contractor registered under chapter 18.27 RCW.

NEW SECTION.  Sec. 10   The board must receive the complaint no later than six years after the substantial completion of construction as defined in RCW 4.16.310. If a complaint is filed with the board within the applicable statute of limitations, the filing of the complaint tolls the statute of limitations for the period of time until the board issues a decision under section 11 of this act. If a complaint is filed with the board within the time limitations contained in a written express warranty, the filing of the complaint tolls the timeline for filing claims under the written express warranty for the period of time until the board provides final notice to the homeowner and contractor under section 12 of this act.

NEW SECTION.  Sec. 11   (1) Prior to commencing any construction action with a court relating to the quality of construction of a residence or filing a claim under a written express warranty complying with section 18 of this act, an owner must submit a complaint to the board.
     (2) The owner must file the complaint with the board in a form and manner prescribed by the board.
     (3) The board shall suspend processing of the complaint if:
     (a) The board determines that the nature or complexity of the dispute described in the complaint is such that a court is the appropriate forum for the adjudication of the dispute; or
     (b) The board determines that the contractor is not registered under chapter 18.27 RCW.
     (4) The board may dismiss or close the complaint if any of the following conditions apply:
     (a) The owner does not respond to a mediator request and the request is necessary to the mediator's investigation of the complaint;
     (b) The owner does not allow the mediator to conduct one or more on-site meetings to mediate or investigate the complaint;
     (c) The owner does not permit the contractor against whom the complaint is filed to be present at an on-site investigation made by the mediator; or
     (d) The mediator determines that the contractor against whom the complaint is filed is capable of complying with recommendations made by the mediator relative to the complaint, but the owner does not permit the contractor to comply with the recommendations.
     (5) Upon acceptance of the complaint, the board shall assign a mediator to the complaint in the form and manner prescribed under section 7 of this act.
     (6) The mediator shall initiate proceedings to determine the validity of the complaint.
     (7) At a minimum, the mediator shall conduct one or more on-site meetings to mediate or investigate the complaint.
     (8) All proceedings of the mediation, including any statement made by any party or other participant, must be privileged and not reported, recorded, or placed in evidence, used for any impeachment, made known to a court or jury, or construed for any purposes as an admission. A party is not bound by anything done or said at the mediation unless settlement is reached, in which event the agreement upon a settlement must be reduced to writing and is binding upon all parties to that agreement.
     (9) If the mediator is unable to resolve the complaint under this section, the mediator shall issue a written notice to the board, which must be forwarded by the board to the owner and contractor. Unless a homeowner or contractor requests an advisory decision from the board, notice of the mediator's decision is considered a final notice.
     (10) If the mediator is able to resolve the complaint, the mediator shall deliver the written and signed settlement to the board. The board shall forward the written and signed settlement to the owner and contractor. The written and signed settlement is considered a final notice.
     (11) A mediated resolution of a residential construction complaint resulting in a written and signed settlement may be enforced in any superior court with jurisdiction.
     (12) If a residential construction board complaint is not resolved by mediation or agreement of the owner and contractor, the complaint may be brought to the board for an advisory decision. The complaint must be presented to the board in a form and manner prescribed by the board. The board, upon hearing the complaint, shall issue an advisory decision intended to assist the parties in their further negotiation of the complaint and attempt to reach settlement. This advisory decision is considered a final notice. Proceedings before the board, including any statement made by any party or other participant, must be privileged and not reported, recorded, or placed in evidence, used for any impeachment, made known to a court or jury, or construed for any purposes as an admission. A party is not bound by anything done or said at the board proceeding.

NEW SECTION.  Sec. 12   Notwithstanding the provisions of chapter 7.06 RCW, any other provision of law, or any contractual provision, failure of a contractor to initiate mediation proceedings within thirty days after notification by the board of a complaint under section 11 of this act is a waiver by the contractor of any contractual right to mediation or arbitration.

NEW SECTION.  Sec. 13   (1) Within twenty days after final notice of the board's decision, the owner or the contractor may reject the decision by delivering written notice of the rejection to the board. The board shall forward written notice of the rejection to the owner and the contractor within five days of receiving the rejection of the decision.
     (2) Upon receipt of written notice of rejection of the board's decision, an owner pursuing a claim under an implied warranty of habitability may file with the clerk of a superior court with jurisdiction a written notice of request for a trial de novo on all issues of law and fact. The trial de novo must be held, including a right to jury, if demanded. Any owner pursuing a claim under an express written warranty may file the claim in the form and manner prescribed by the warranty contract.

Sec. 14   RCW 18.27.075 and 2001 c 159 s 14 are each amended to read as follows:
     (1) The department shall charge a fee of one hundred dollars for issuing or renewing a certificate of registration during the 2001-2003 biennium. The department shall revise this amount at least once every two years for the purpose of recognizing economic changes as reflected by the fiscal growth factor under chapter 43.135 RCW.
     (2) The department shall also charge a consumer education fee of one hundred dollars per year for issuing or renewing a certificate of registration to a contractor who discloses, as required under RCW 18.27.030, that he or she will perform both residential and commercial work or only residential work. A contractor who discloses that he or she will perform only commercial work is not required to pay the fee. The department shall deposit the fee in the consumer education for home construction account created in section 15 of this act.

NEW SECTION.  Sec. 15   A new section is added to chapter 43.10 RCW to read as follows:
     The consumer education for home construction account is created in the custody of the state treasurer for the purpose of funding the consumer education office created under section 5 of this act. All fees charged under RCW 18.27.075(2) must be deposited into the account. Expenditures from the account may be used only to fund the office of consumer education for home construction. Only the residential construction board created under section 4 of this act or the board's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 16   RCW 43.79A.040 and 2009 c 87 s 4 are each amended to read as follows:
     (1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
     (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.
     (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
     (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
     (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account, the Washington state combined fund drive account, the commemorative works account, the Washington international exchange scholarship endowment fund, the toll collection account, the developmental disabilities endowment trust fund, the energy account, the fair fund, the family leave insurance account, the food animal veterinarian conditional scholarship account, the fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the grain inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and firefighters' plan 2 expense fund, the local tourism promotion account, the pilotage account, the produce railcar pool account, the regional transportation investment district account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund and breeder awards account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), the life sciences discovery fund, the Washington state heritage center account, the reduced cigarette ignition propensity account, the consumer education for home construction account, and the reading achievement account. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
     (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right-of-way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
     (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

NEW SECTION.  Sec. 17   (1) Except as provided in subsection (2) or (3) of this section, the implied warranty of habitability may not be contractually disclaimed, waived, modified, or limited. The implied warranty of habitability transfers from the homeowner to subsequent purchasers. Subsequent purchasers of a residence may bring an action for breach of implied warranty of habitability.
     (2) The implied warranty of habitability may be disclaimed or waived if the contractor or seller provides to the homeowner a transferable written express warranty at the time of closing that has been accepted by the United States department of housing and urban development under 24 CFR Sec. 203.202 through 202.209, as now or hereafter amended.
     (3) The implied warranty of habitability may be disclaimed or limited, provided that the contractor can disclaim or limit implied warranty coverage only for failures or deficiencies of specifically listed materials or design features of the construction that were selected or specified by the owner.
     (4) A disclaimer, waiver, modification, or limitation of an implied warranty of habitability under subsection (2) or (3) of this section must be:
     (a) Written;
     (b) Conspicuous;
     (c) Typed or printed in ten-point bold face type; and
     (d) Signed by the homeowner.
     (5) A contractor must provide notice of the warranty that will be provided to the owner. The notice must contain a list of the potential legal remedies for an owner dissatisfied with the construction of the home including, but not limited to, breach of contract, fraud, breach of express or implied warranties, and violation of chapter 19.86 RCW. The contractor is only required to provide notice to an owner if there is privity of contract between the owner and the contractor. This notice must be:
     (a) Written;
     (b) Provided five days prior to closing or five days prior to entering into a contract for construction of a new home or construction of a substantial remodel; and
     (c) Signed by both the contractor and the owner at or prior to closing or entering into the contract for construction of a new home or construction of a substantial remodel.
     (6) Damages awarded for a breach of the implied warranty of habitability are the cost of repairs. However, if it is established that the cost of repairs is clearly disproportionate to the loss in market value caused by the breach, damages are limited to the loss in market value.
     (7) This section does not apply to condominium units created under chapter 64.32 or 64.34 RCW.

NEW SECTION.  Sec. 18   Any person applying for a building permit for construction or substantial remodel of residential real property shall ensure that an inspection of the property is completed by a contractor with expertise in the trade. This inspection may be conducted by a third party or it may be a self-inspection by a contractor. The inspection must occur after the installation of roofing and waterproofing and prior to the installation of siding. This inspection must:
     (1) Determine that waterproofing has been installed over all plywood or exterior surfaces;
     (2) Determine that waterproofing has been installed around doors, windows, vents, pipes, and exterior fixtures; and
     (3) Document the installation of waterproofing by providing, at a minimum, one photograph or digital image of each of the elevations of the residential real property.

NEW SECTION.  Sec. 19   Sections 3 through 13, 17, and 18 of this act are each added to chapter 64.50 RCW.

NEW SECTION.  Sec. 20   Sections 3 through 13, 17, and 18 of this act take effect April 1, 2011."