BILL REQ. #: S-0371.4
State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/27/09. Referred to Committee on Labor, Commerce & Consumer Protection.
AN ACT Relating to the installation of carbon monoxide alarms in dwelling units; amending RCW 59.18.060 and 59.18.130; adding a new section to chapter 43.44 RCW; creating a new section; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature recognizes that carbon
monoxide poses a serious threat. According to national statistics from
the centers for disease control, carbon monoxide kills more than five
hundred people and accounts for an estimated twenty thousand emergency
department visits annually. Specifically, Washington state has
experienced the dire effects of carbon monoxide poisoning. In the
storms that struck Washington in December 2006, it was estimated that
over one thousand people in the state were seen at hospital emergency
rooms with symptoms of carbon monoxide poisoning, and eight people
reportedly died of carbon monoxide exposure. It is the intent of the
legislature to implement policies to prevent similar tragedies from
occurring in the future.
NEW SECTION. Sec. 2 A new section is added to chapter 43.44 RCW
to read as follows:
(1) Carbon monoxide alarms must be installed inside all dwelling
units that are built or manufactured in this state after December 31,
2009.
(2) The carbon monoxide alarms must be designed, manufactured, and
installed inside dwelling units in conformance with:
(a) Nationally accepted standards; and
(b) Rules adopted by the chief of the Washington state patrol,
through the director of fire protection, in accordance with chapter
34.05 RCW.
(3) The installation and maintenance of a carbon monoxide alarm in
a dwelling unit is the responsibility of the owner. However, if a
tenancy exists, the maintenance of a carbon monoxide alarm in a
dwelling unit, including the replacement of batteries when required for
the proper operation of the carbon monoxide alarm, is the
responsibility of the tenant, who shall maintain the alarm as specified
by the manufacturer. At the time of a vacancy, the owner shall ensure
that the carbon monoxide alarm is operational before a new tenant
occupies the dwelling unit.
(4) An owner or tenant failing to comply with this section is
subject to a fine of not more than two hundred dollars.
(5) For the purposes of this section:
(a) "Dwelling unit" means a single unit providing complete,
independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking, and
sanitation.
(b) "Carbon monoxide alarm" means a device:
(i) Meant for the purpose of detecting carbon monoxide that
produces a distinct audible alarm;
(ii) That is battery powered, a plug-in with battery backup, or
wired into the dwelling unit's AC power line with a secondary battery
backup; and
(iii) That may be combined with a smoke detection device, as long
as the combined device complies with applicable laws regarding both
smoke detection devices and carbon monoxide alarms, and that the
combined unit emits an alarm in a manner that clearly differentiates
between the two hazards.
Sec. 3 RCW 59.18.060 and 2005 c 465 s 2 are each amended to read
as follows:
The landlord will at all times during the tenancy keep the premises
fit for human habitation, and shall in particular:
(1) Maintain the premises to substantially comply with any
applicable code, statute, ordinance, or regulation governing their
maintenance or operation, which the legislative body enacting the
applicable code, statute, ordinance or regulation could enforce as to
the premises rented if such condition substantially endangers or
impairs the health or safety of the tenant;
(2) Maintain the roofs, floors, walls, chimneys, fireplaces,
foundations, and all other structural components in reasonably good
repair so as to be usable and capable of resisting any and all normal
forces and loads to which they may be subjected;
(3) Keep any shared or common areas reasonably clean, sanitary, and
safe from defects increasing the hazards of fire or accident;
(4) Provide a reasonable program for the control of infestation by
insects, rodents, and other pests at the initiation of the tenancy and,
except in the case of a single family residence, control infestation
during tenancy except where such infestation is caused by the tenant;
(5) Except where the condition is attributable to normal wear and
tear, make repairs and arrangements necessary to put and keep the
premises in as good condition as it by law or rental agreement should
have been, at the commencement of the tenancy;
(6) Provide reasonably adequate locks and furnish keys to the
tenant;
(7) Maintain all electrical, plumbing, heating, and other
facilities and appliances supplied by him in reasonably good working
order;
(8) Maintain the dwelling unit in reasonably weathertight
condition;
(9) Except in the case of a single family residence, provide and
maintain appropriate receptacles in common areas for the removal of
ashes, rubbish, and garbage, incidental to the occupancy and arrange
for the reasonable and regular removal of such waste;
(10) Except where the building is not equipped for the purpose,
provide facilities adequate to supply heat and water and hot water as
reasonably required by the tenant;
(11)(a) Provide a written notice to all tenants disclosing fire
safety and protection information. The landlord or his or her
authorized agent must provide a written notice to the tenant that the
dwelling unit is equipped with a smoke detection device as required in
RCW ((48.48.140)) 43.44.110 and a carbon monoxide alarm if required
under section 2 of this act. The notice shall inform the tenant of the
tenant's responsibility to maintain the smoke detection device and, if
required, the carbon monoxide alarm in proper operating condition and
of penalties for failure to comply with the provisions of RCW
((48.48.140)) 43.44.110(3) and section 2(3) of this act. The notice
must be signed by the landlord or the landlord's authorized agent and
tenant with copies provided to both parties. Further, except with
respect to a single-family residence, the written notice must also
disclose the following:
(i) Whether the smoke detection device ((is)) and, if required, the
carbon monoxide alarm are hard-wired, plug-in with battery back-up, or
battery operated;
(ii) Whether the building has a fire sprinkler system;
(iii) Whether the building has a fire alarm system;
(iv) Whether the building has a smoking policy, and what that
policy is;
(v) Whether the building has an emergency notification plan for the
occupants and, if so, provide a copy to the occupants;
(vi) Whether the building has an emergency relocation plan for the
occupants and, if so, provide a copy to the occupants; and
(vii) Whether the building has an emergency evacuation plan for the
occupants and, if so, provide a copy to the occupants.
(b) The information required under this subsection may be provided
to a tenant in a multifamily residential building either as a written
notice or as a checklist that discloses whether the building has fire
safety and protection devices and systems. The checklist shall include
a diagram showing the emergency evacuation routes for the occupants.
(c) The written notice or checklist must be provided to new tenants
at the time the lease or rental agreement is signed, and must be
provided to current tenants as soon as possible, but not later than
January 1, 2004;
(12) Provide tenants with information provided or approved by the
department of health about the health hazards associated with exposure
to indoor mold. Information may be provided in written format
individually to each tenant, or may be posted in a visible, public
location at the dwelling unit property. The information must detail
how tenants can control mold growth in their dwelling units to minimize
the health risks associated with indoor mold. Landlords may obtain the
information from the department's web site or, if requested by the
landlord, the department must mail the information to the landlord in
a printed format. When developing or changing the information, the
department of health must include representatives of landlords in the
development process. The information must be provided by the landlord
to new tenants at the time the lease or rental agreement is signed, and
must be provided to current tenants no later than January 1, 2006, or
must be posted in a visible, public location at the dwelling unit
property beginning July 24, 2005;
(13) The landlord and his or her agents and employees are immune
from civil liability for failure to comply with subsection (12) of this
section except where the landlord and his or her agents and employees
knowingly and intentionally do not comply with subsection (12) of this
section; and
(14) Designate to the tenant the name and address of the person who
is the landlord by a statement on the rental agreement or by a notice
conspicuously posted on the premises. The tenant shall be notified
immediately of any changes by certified mail or by an updated posting.
If the person designated in this section does not reside in the state
where the premises are located, there shall also be designated a person
who resides in the county who is authorized to act as an agent for the
purposes of service of notices and process, and if no designation is
made of a person to act as agent, then the person to whom rental
payments are to be made shall be considered such agent;
No duty shall devolve upon the landlord to repair a defective
condition under this section, nor shall any defense or remedy be
available to the tenant under this chapter, where the defective
condition complained of was caused by the conduct of such tenant, his
family, invitee, or other person acting under his control, or where a
tenant unreasonably fails to allow the landlord access to the property
for purposes of repair. When the duty imposed by subsection (1) of
this section is incompatible with and greater than the duty imposed by
any other provisions of this section, the landlord's duty shall be
determined pursuant to subsection (1) of this section.
Sec. 4 RCW 59.18.130 and 1998 c 276 s 2 are each amended to read
as follows:
Each tenant shall pay the rental amount at such times and in such
amounts as provided for in the rental agreement or as otherwise
provided by law and comply with all obligations imposed upon tenants by
applicable provisions of all municipal, county, and state codes,
statutes, ordinances, and regulations, and in addition shall:
(1) Keep that part of the premises which he or she occupies and
uses as clean and sanitary as the conditions of the premises permit;
(2) Properly dispose from his or her dwelling unit all rubbish,
garbage, and other organic or flammable waste, in a clean and sanitary
manner at reasonable and regular intervals, and assume all costs of
extermination and fumigation for infestation caused by the tenant;
(3) Properly use and operate all electrical, gas, heating, plumbing
and other fixtures and appliances supplied by the landlord;
(4) Not intentionally or negligently destroy, deface, damage,
impair, or remove any part of the structure or dwelling, with the
appurtenances thereto, including the facilities, equipment, furniture,
furnishings, and appliances, or permit any member of his or her family,
invitee, licensee, or any person acting under his or her control to do
so. Violations may be prosecuted under chapter 9A.48 RCW if the
destruction is intentional and malicious;
(5) Not permit a nuisance or common waste;
(6) Not engage in drug-related activity at the rental premises, or
allow a subtenant, sublessee, resident, or anyone else to engage in
drug-related activity at the rental premises with the knowledge or
consent of the tenant. "Drug-related activity" means that activity
which constitutes a violation of chapter 69.41, 69.50, or 69.52 RCW;
(7) Maintain the smoke detection device and, if required, the
carbon monoxide alarm in accordance with the manufacturer's
recommendations, including the replacement of batteries where required
for the proper operation of the smoke detection device, as required in
RCW ((48.48.140)) 43.44.110(3), and the carbon monoxide alarm, if
required under section 2(3) of this act;
(8) Not engage in any activity at the rental premises that is:
(a) Imminently hazardous to the physical safety of other persons on
the premises; and
(b)(i) Entails physical assaults upon another person which result
in an arrest; or
(ii) Entails the unlawful use of a firearm or other deadly weapon
as defined in RCW 9A.04.110 which results in an arrest, including
threatening another tenant or the landlord with a firearm or other
deadly weapon under RCW 59.18.352. Nothing in this subsection (8)
shall authorize the termination of tenancy and eviction of the victim
of a physical assault or the victim of the use or threatened use of a
firearm or other deadly weapon;
(9) Not engage in any gang-related activity at the premises, as
defined in RCW 59.18.030, or allow another to engage in such activity
at the premises, that renders people in at least two or more dwelling
units or residences insecure in life or the use of property or that
injures or endangers the safety or health of people in at least two or
more dwelling units or residences. In determining whether a tenant is
engaged in gang-related activity, a court should consider the totality
of the circumstances, including factors such as whether there have been
a significant number of complaints to the landlord about the tenant's
activities at the property, damages done by the tenant to the property,
including the property of other tenants or neighbors, harassment or
threats made by the tenant to other tenants or neighbors that have been
reported to law enforcement agencies, any police incident reports
involving the tenant, and the tenant's criminal history; and
(10) Upon termination and vacation, restore the premises to their
initial condition except for reasonable wear and tear or conditions
caused by failure of the landlord to comply with his or her obligations
under this chapter: PROVIDED, That the tenant shall not be charged for
normal cleaning if he or she has paid a nonrefundable cleaning fee.
NEW SECTION. Sec. 5 Sections 3 and 4 of this act take effect
January 1, 2010.