H-428                _______________________________________________

                                                     HOUSE BILL NO. 73

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Unsoeld, Allen, Rust, Valle, Lux, Belcher, Wineberry, Locke and Brekke

Read first time 1/15/87 and referred to Committee on Environmental Affairs.

AN ACT Relating to the application of pesticides; adding a new section to chapter  59.18 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 59.18 RCW to read as follows:

          (1) A landlord shall give tenants prior written notice of the landlord's intent to apply a pesticide, as defined by RCW 17.21.020(5), to premises covered by a rental agreement at least forty-eight hours prior to the application.  The notice shall contain the time, date, and place of anticipated application; the type of pesticide to be used; and information on the potential health risks.

          (2) Where the application of a pesticide presents health risks to the tenant, the tenant may request a nontoxic alternative be applied.  If the tenant requests a nontoxic alternative and an  equivalent treatment is available, the landlord shall apply only the nontoxic alternative.

          (3) Failure of the landlord to comply with this section is punishable, upon conviction, by a fine not exceeding one thousand dollars.