_______________________________________________
ENGROSSED
SENATE BILL 6001
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 2002 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
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.
