BILL REQ. #:  S-4766.1 

Read first time 01/28/08.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to the presence of toxins in households or dwellings; amending RCW 59.18.060; adding a new section to chapter 43.70 RCW; creating a new section; and providing an expiration date.

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

Sec. 1   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. 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)) 43.44.110(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;
     (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, and must be translated into the top five languages spoken in Washington state, as determined by the department of health. If the tenant's primary language is one other than English, and the department of health has translated the information into the tenant's primary language, the landlord must either post the information or provide a written copy of the information in the tenant's primary language. 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)) 2009;
     (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.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.70 RCW to read as follows:
     As part of the children's health immunizations linkages and development profile, the department shall provide to qualifying parents and children through regular mailings information on the health hazards of exposure to indoor mold as disclosed to residential tenants under RCW 59.18.060(12).

NEW SECTION.  Sec. 3   (1) Recent evidence demonstrates that toxic indoor mold as well as household and workplace toxins cause contaminated air and are under-recognized health problems. Exposure to toxic indoor mold and household and workplace toxins is linked to a variety of health problems, especially in vulnerable populations such as infants, young children, and the elderly.
     (2) The legislature finds that it is necessary to assess the current body of knowledge on toxic indoor mold and household and workplace toxins and determine the status of toxic indoor mold and household and workplace toxins in the state. It is also necessary to assess the feasibility of any actions to be taken by the legislature or state agencies, including methods to assist state residents to identify toxic indoor mold and household and workplace toxins and develop the best strategies to address infestations, and to investigate the health effects of and effective cleanup methods for infestations of toxic indoor mold and household and workplace toxins.
     (3) The department of health shall convene and support the Washington state toxic mold and toxins task force to study and make recommendations to the legislature concerning:
     (a) Standards to assess the health threat posed by the presence of toxic indoor mold and household and workplace toxins;
     (b) Guidelines for the identification and sampling of toxic mold and household and workplace toxins, visible or hidden in an indoor environment;
     (c) Remediation standards, methods, guidance, and costs for toxic indoor mold removal and abatement of water intrusion in residential and commercial properties, as well as facilities for vulnerable populations such as hospitals, nursing homes, child care facilities, and elementary and secondary schools;
     (d) Primary prevention related to building construction and maintenance;
     (e) The availability and adequacy of commercial and residential property coverage for toxic indoor mold and household and workplace toxin damage in the insurance industry;
     (f) Public education and outreach regarding toxic indoor mold and household and workplace toxin health effects and remediation;
     (g) The prevalence of insurance industry claims regarding toxic indoor mold-related and household and workplace toxin-related claims to determine the incidence of such claims in Washington state, and the geographic distribution and other characteristics of such related claims;
     (h) The development of a program to examine and test indoor residential air quality;
     (i) The feasibility of adopting permissible exposure limits for toxic indoor molds and household and workplace toxins;
     (j) Appropriate disclosure of the presence of toxic indoor mold growth and household and workplace toxins in real property at rental or sale; and
     (k) The need to authorize the issuance of bonds to finance capital improvements for toxic indoor mold remediation and prevention.
     (4) The task force shall include the following members:
     (a) The secretary of the department of health or the secretary's designee;
     (b) A representative of a nonprofit organization whose work involves public education regarding environmental health;
     (c) A person whose primary field of expertise is environmental science;
     (d) A person whose primary field of expertise is public health;
     (e) A physician whose primary field of expertise is pediatrics;
     (f) A person whose primary field of expertise is related to indoor environmental systems;
     (g) The director of the department of ecology or the director's designee;
     (h) The insurance commissioner or the insurance commissioner's designee;
     (i) The director of the department of labor and industries or the director's designee;
     (j) A person who represents a provider of homeowner's insurance;
     (k) A person who represents residential building contractors;
     (l) A person who represents commercial building contractors;
     (m) Two persons who represent homeowners;
     (n) A landlord association representative;
     (o) A representative of a nonprofit organization who works with underrepresented minority communities; and
     (p) A representative of building officials.
     (5) The president of the senate shall appoint one member from each of the two largest caucuses of the senate.
     (6) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.
     (7) The task force shall elect cochairs from among its members at its first meeting.
     (8) Legislative members of the task force must be reimbursed for travel expenses under RCW 44.04.120.
     (9) The task force shall report its findings and conclusions, including recommendations for legislative action if necessary, to the governor and the appropriate committees of the legislature by December 1, 2009, with a preliminary report, if available, presented by June 30, 2009.
     (10) This section expires December 31, 2009.