AN
ACT Relating to the disclosure of fire protection and building safety
information; and amending RCW 59.18.060.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
59.18.060 and 1991 c 154 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. The notice shall inform the
tenant of the tenant's responsibility to maintain the smoke detection device in
proper operating condition and of penalties for failure to comply with the
provisions of RCW 48.48.140(3). 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 hard-wired 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; and
(12)
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.
