BILL REQ. #: S-0081.2
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/21/11. Referred to Committee on Government Operations, Tribal Relations & Elections.
AN ACT Relating to fire suppression efforts and capabilities on unprotected land outside a fire protection jurisdiction; reenacting and amending RCW 64.06.015 and 64.06.020; adding a new section to chapter 52.12 RCW; and adding a new section to chapter 4.24 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 52.12 RCW
to read as follows:
(1) The definitions in this section apply throughout this section
and section 2 of this act unless the context clearly requires
otherwise.
(a) "Fire protection service agency" or "agency" means any local,
state, or federal governmental entity responsible for the provision of
firefighting services, including fire protection districts, regional
fire protection service authorities, cities, towns, port districts, the
department of natural resources, and federal reservations.
(b) "Fire protection jurisdiction" means an area or property
located within a fire protection district, a regional fire protection
service authority, a city, a town, a port district, lands protected by
the department of natural resources under chapter 76.04 RCW, or on
federal lands.
(c) "Firefighting services" means the provision of fire prevention
services, fire suppression services, emergency medical services, and
other services related to the protection of life and property.
(d) "Improved property" means property upon which a structure is
located, but does not include roads, bridges, land devoted primarily to
growing and harvesting timber, or land devoted primarily to the
production of livestock or agricultural commodities for commercial
purposes.
(e) "Property" means land, structures, or land and structures.
(f) "Unimproved property" has the same meaning as "unimproved
lands" in RCW 76.04.005.
(g) "Unprotected land" means improved property located outside a
fire protection jurisdiction.
(2)(a) In order to facilitate the provision of firefighting
services to unprotected lands, property owners of unprotected lands are
encouraged, to the extent practicable, to form or annex into a fire
protection jurisdiction or to enter into an agreement with a fire
protection service agency or agencies for the provision of firefighting
services. Any agreement between a property owner and a fire protection
service agency must include, at minimum, a risk assessment of the
property as well as a capabilities assessment for the district.
(b) Property owners of unprotected land who choose not to form or
annex into a fire protection jurisdiction or to enter into an agreement
with a fire protection agency or agencies for the provision of
firefighting services, do so willingly and with full knowledge that a
fire protection service agency is not obligated to provide firefighting
services to unprotected land.
(3) In the absence of a contractual agreement, a fire protection
service agency may initiate firefighting services on unprotected land
outside its fire protection jurisdiction in the following instances:
(a) Service was specifically requested by a landowner or other fire
service protection agency; (b) service could reasonably be believed to
prevent the spread of a fire onto lands protected by the agency; or (c)
service could reasonably be believed to substantially mitigate the risk
of harm to life or property by preventing the spread of a fire onto
other unprotected lands.
(4)(a) An agency initiating firefighting services on unprotected
land outside its fire protection jurisdiction must be reimbursed by the
property owner or owners for reasonable costs that are incurred as a
result of the response. Cost recovery is based upon the Washington
fire chiefs standardized fire service fee schedule.
(b) If a property owner fails to pay or defaults in payment to an
agency for services rendered, the agency is entitled to pursue payment
through the collections process outlined in RCW 19.16.500 or through
initiation of court action.
NEW SECTION. Sec. 2 A new section is added to chapter 4.24 RCW
to read as follows:
Any fire service protection agency, as well as the firefighters
therein, whether volunteer or paid, which takes part in firefighting
efforts outside its jurisdiction or provides emergency care, rescue,
assistance, or recovery services at the scene of an emergency, is not
liable for civil damages resulting from any act or omission in the
rendering of such services, other than acts or omissions constituting
gross negligence or willful or wanton misconduct.
Sec. 3 RCW 64.06.015 and 2009 c 505 s 2 and 2009 c 130 s 1 are
each reenacted and amended to read as follows:
(1) In a transaction for the sale of unimproved residential real
property, the seller shall, unless the buyer has expressly waived the
right to receive the disclosure statement under RCW 64.06.010, or
unless the transfer is otherwise exempt under RCW 64.06.010, deliver to
the buyer a completed seller disclosure statement in the following
format and that contains, at a minimum, the following information:
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If
the question clearly does not apply to the property write "NA." If the
answer is "yes" to any * items, please explain on attached sheets.
Please refer to the line number(s) of the question(s) when you provide
your explanation(s). For your protection you must date and sign each
page of this disclosure statement and each attachment. Delivery of the
disclosure statement must occur not later than five business days,
unless otherwise agreed, after mutual acceptance of a written contract
to purchase between a buyer and a seller.
I. SELLER'S DISCLOSURES: | ||||||
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. | ||||||
1. TITLE | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | A. Do you have legal authority to sell the property? If no, please explain. | |||
| [ ] Yes | [ ] No | [ ] Don't know | *B. Is title to the property subject to any of the following? | |||
| (1) First right of refusal | ||||||
| (2) Option | ||||||
| (3) Lease or rental agreement | ||||||
| (4) Life estate? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Are there any encroachments, boundary agreements, or boundary disputes? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *D. Is there a private road or easement agreement for access to the property? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *E. Are there any rights-of-way, easements, or access limitations that affect the Buyer's use of the property? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *F. Are there any written agreements for joint maintenance of an easement or right-of-way? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *G. Is there any study, survey project, or notice that would adversely affect the property? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *H. Are there any pending or existing assessments against the property? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that affect future construction or remodeling? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *J. Is there a boundary survey for the property? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *K. Are there any covenants, conditions, or restrictions recorded against title to the property? | |||
2. WATER | ||||||
| A. Household Water | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | (1) Does the property have potable water supply? | |||
| (2) If yes, the source of water for the property is: | ||||||
| [ ] Private or publicly owned water system | ||||||
| [ ] Private well serving only the property | ||||||
| *[ ] Other water system | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *If shared, are there any written agreements? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *(3) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *(4) Are there any problems or repairs needed? | |||
| [ ] Yes | [ ] No | [ ] Don't know | (5) Is there a connection or hook-up charge payable before the property can be connected to the water main? | |||
| [ ] Yes | [ ] No | [ ] Don't know | (6) Have you obtained a certificate of water availability from the water purveyor serving the property? (If yes, please attach a copy.) | |||
| [ ] Yes | [ ] No | [ ] Don't know | (7) Is there a water right permit, certificate, or claim associated with household water supply for the property? (If yes, please attach a copy.) | |||
| [ ] Yes | [ ] No | [ ] Don't know | (a) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed? | |||
| *(b) If yes, has all or any portion of the water right not been used for five or more successive years? | ||||||
| . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | (c) If no or don't know, is the water withdrawn from the water source less than 5,000 gallons a day? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *(8) Are there any defects in the operation of the water system (e.g., pipes, tank, pump, etc.)? | |||
| B. Irrigation Water | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | (1) Are there any irrigation water rights for the property, such as a water right permit, certificate, or claim? (If yes, please attach a copy.) | |||
| [ ] Yes | [ ] No | [ ] Don't know | (a) If yes, has all or any portion of the water right not been used for five or more successive years? | |||
| [ ] Yes | [ ] No | [ ] Don't know | (b) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *(2) Does the property receive irrigation water from a ditch company, irrigation district, or other entity? If so, please identify the entity that supplies irrigation water to the property: | |||
| . . . . . . . . . . . . | ||||||
| C. Outdoor Sprinkler System | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | (1) Is there an outdoor sprinkler system for the property? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *(2) If yes, are there any defects in the system? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *(3) If yes, is the sprinkler system connected to irrigation water? | |||
3. SEWER/SEPTIC SYSTEM | ||||||
| A. The property is served by: [ ] Public sewer system [ ] On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: | ||||||
| . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | B. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service? | |||
| C. If the property is connected to an on-site sewage system: | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(1) Was a permit issued for its construction? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *(2) Was it approved by the local health department or district following its construction? | |||
| [ ] Yes | [ ] No | [ ] Don't know | (3) Is the septic system a pressurized system? | |||
| [ ] Yes | [ ] No | [ ] Don't know | (4) Is the septic system a gravity system? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *(5) Have there been any changes or repairs to the on-site sewage system? | |||
| [ ] Yes | [ ] No | [ ] Don't know | (6) Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? If no, please explain: | |||
| . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(7) Does the on-site sewage system require monitoring and maintenance services more frequently than once a year? | |||
| . . . . . . . . . . . . | ||||||
4. ELECTRICAL/GAS | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | A. Is the property served by natural gas? | |||
| [ ] Yes | [ ] No | [ ] Don't know | B. Is there a connection charge for gas? | |||
| [ ] Yes | [ ] No | [ ] Don't know | C. Is the property served by electricity? | |||
| [ ] Yes | [ ] No | [ ] Don't know | D. Is there a connection charge for electricity? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *E. Are there any electrical problems on the property? | |||
| . . . . . . . . . . . . | ||||||
5. FLOODING | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | A. Is the property located in a government designated flood zone or floodplain? | |||
6. SOIL STABILITY | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *A. Are there any settlement, earth movement, slides, or similar soil problems on the property? | |||
| . . . . . . . . . . . . | ||||||
7. ENVIRONMENTAL | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *A. Have there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *B. Does any part of the property contain fill dirt, waste, or other fill material? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? | |||
| [ ] Yes | [ ] No | [ ] Don't know | D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *E. Are there any substances, materials, or products in or on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *F. Has the property been used for commercial or industrial purposes? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *G. Is there any soil or groundwater contamination? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *H. Are there transmission poles or other electrical utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *I. Has the property been used as a legal or illegal dumping site? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *J. Has the property been used as an illegal drug manufacturing site? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *K. Are there any radio towers that cause interference with cellular telephone reception? | |||
8. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | A. Is there a homeowners' association? Name of association and contact information for an officer, director, employee, or other authorized agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, and other information that is not publicly available: | |||
| . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | B. Are there regular periodic assessments: | |||
| $. . . per [ ] Month [ ] Year | ||||||
| [ ] Other . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Are there any pending special assessments? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? | |||
9. OTHER FACTS | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *A. Are there any disagreements, disputes, encroachments, or legal actions concerning the property? | |||
| . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *B. Does the property have any plants or wildlife that are designated as species of concern, or listed as threatened or endangered by the government? | |||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Is the property classified or designated as forest land or open space? | |||
| . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | D. Do you have a forest management plan? If yes, attach. | |||
| [ ] Yes | [ ] No | [ ] Don't know | *E. Have any development-related permit applications been submitted to any government agencies? | |||
| . . . . . . . . . . . . | ||||||
| If the answer to E is "yes," what is the status or outcome of those applications? | ||||||
| . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | F. Is the property located within a city, county, or district or within a department of natural resources fire protection zone that provides fire protection services? | |||
| . . . . . . . . . . . . | ||||||
10. FULL DISCLOSURE BY SELLERS | ||||||
| A. Other conditions or defects: | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *Are there any other existing material defects affecting the property that a prospective buyer should know about? | |||
| B. Verification: | ||||||
| The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. | ||||||
DATE . . . . . . . . . . . . | SELLER . . . . . . . . . . . . | SELLER . . . . . . . . . . . . | ||||
| NOTICE TO BUYER | ||||||
| INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. | ||||||
II. BUYER'S ACKNOWLEDGMENT | ||||||
| A. | Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. | |||||
| B. | The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party. | |||||
| C. | Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. | |||||
| D. | This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. | |||||
| E. | Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature. | |||||
Sec. 4 RCW 64.06.020 and 2009 c 505 s 3 and 2009 c 130 s 2 are
each reenacted and amended to read as follows:
(1) In a transaction for the sale of improved residential real
property, the seller shall, unless the buyer has expressly waived the
right to receive the disclosure statement under RCW 64.06.010, or
unless the transfer is otherwise exempt under RCW 64.06.010, deliver to
the buyer a completed seller disclosure statement in the following
format and that contains, at a minimum, the following information:
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If
the question clearly does not apply to the property write "NA." If the
answer is "yes" to any * items, please explain on attached sheets.
Please refer to the line number(s) of the question(s) when you provide
your explanation(s). For your protection you must date and sign each
page of this disclosure statement and each attachment. Delivery of the
disclosure statement must occur not later than five business days,
unless otherwise agreed, after mutual acceptance of a written contract
to purchase between a buyer and a seller.
| I. SELLER'S DISCLOSURES: | |||||||||
*If you answer "Yes" to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. | |||||||||
1. TITLE | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | A. Do you have legal authority to sell the property? If no, please explain. | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *B. Is title to the property subject to any of the following? | ||||||
| (1) First right of refusal | |||||||||
| (2) Option | |||||||||
| (3) Lease or rental agreement | |||||||||
| (4) Life estate? | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Are there any encroachments, boundary agreements, or boundary disputes? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *D. Is there a private road or easement agreement for access to the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *E. Are there any rights-of-way, easements, or access limitations that may affect the Buyer's use of the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *F. Are there any written agreements for joint maintenance of an easement or right-of-way? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *G. Is there any study, survey project, or notice that would adversely affect the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *H. Are there any pending or existing assessments against the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that would affect future construction or remodeling? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *J. Is there a boundary survey for the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *K. Are there any covenants, conditions, or restrictions recorded against the property? | ||||||
2. WATER | |||||||||
| A. Household Water | |||||||||
| (1) The source of water for the
property is: [ ] Private or publicly owned water system [ ] Private well serving only the subject property . . . . . . *[ ] Other water system | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *If shared, are there any written agreements? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(2) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(3) Are there any problems or repairs needed? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | (4) During your ownership, has the source provided an adequate year-round supply of potable water? If no, please explain. | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(5) Are there any water treatment systems for the property? If yes, are they [ ]Leased [ ]Owned | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(6) Are there any water rights for the property associated with its domestic water supply, such as a water right permit, certificate, or claim? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | (a) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed? | ||||||
| *(b) If yes, has all or any portion of the water right not been used for five or more successive years? | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(7) Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)? | ||||||
| . . . . . . . . . . . . | |||||||||
| B. Irrigation Water | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | (1) Are there any irrigation water rights for the property, such as a water right permit, certificate, or claim? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(a) If yes, has all or any portion of the water right not been used for five or more successive years? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(b) If so, is the certificate available? (If yes, please attach a copy.) | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(c) If so, has the water right permit, certificate, or claim been assigned, transferred, or changed? | ||||||
| . . . . . . . . . . . . | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(2) Does the property receive irrigation water from a ditch company, irrigation district, or other entity? If so, please identify the entity that supplies water to the property: | ||||||
| . . . . . . . . . . . . | |||||||||
| C. Outdoor Sprinkler System | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | (1) Is there an outdoor sprinkler system for the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(2) If yes, are there any defects in the system? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(3) If yes, is the sprinkler system connected to irrigation water? | ||||||
3. SEWER/ON-SITE SEWAGE SYSTEM | |||||||||
| A. The property is served by: [ ] Public sewer system, [ ] On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: | |||||||||
| . . . . . . . . . . . . | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | B. If public sewer system service is available to the property, is the house connected to the sewer main? If no, please explain. | ||||||
| . . . . . . . . . . . . | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service? | ||||||
| D. If the property is connected to an on-site sewage system: | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(1) Was a permit issued for its construction, and was it approved by the local health department or district following its construction? | ||||||
| (2) When was it last pumped ? | |||||||||
| . . . . . . . . . . . . . . . | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(3) Are there any defects in the operation of the on-site sewage system? | ||||||
| [ ] Don't know | (4) When was it last inspected? | ||||||||
| . . . . . . . . . . . . . . . | |||||||||
| By whom: . . . . . . . . . . . . | |||||||||
| [ ] Don't know | (5) For how many bedrooms was the on-site sewage system approved? | ||||||||
| . . . . . . . . . . . . bedrooms | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | E. Are all plumbing fixtures, including laundry drain, connected to the sewer/on-site sewage system? If no, please explain: . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *F. Have there been any changes or repairs to the on-site sewage system? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | G. Is the on-site sewage system,
including the drainfield, located entirely
within the boundaries of the property?
If no, please explain. . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *H. Does the on-site sewage system
require monitoring and maintenance
services more frequently than once a
year? . . . . . . . . . . . . | ||||||
| NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR ITEM 5. SYSTEMS AND FIXTURES | |||||||||
4. STRUCTURAL | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *A. Has the roof leaked within the last five years? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *B. Has the basement flooded or leaked? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Have there been any conversions, additions, or remodeling? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(1) If yes, were all building permits obtained? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *(2) If yes, were all final inspections obtained? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | D. Do you know the age of the house? If yes, year of original construction: | ||||||
| . . . . . . . . . . . . | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *E. Has there been any settling, slippage, or sliding of the property or its improvements? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *F. Are there any defects with the following: (If yes, please check applicable items and explain.) | ||||||
□ Foundations | □ Decks | □ Exterior Walls | |||||||
| □ Chimneys | □ Interior Walls | □ Fire Alarm | |||||||
| □ Doors | □ Windows | □ Patio | |||||||
| □ Ceilings | □ Slab Floors | □ Driveways | |||||||
| □ Pools | □ Hot Tub | □ Sauna | |||||||
| □ Sidewalks | □ Outbuildings | □ Fireplaces | |||||||
| □ Garage Floors | □ Walkways | □ Siding | |||||||
| □ Other | □ Wood Stoves | ||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *G. Was a structural pest or "whole house" inspection done? If yes, when and by whom was the inspection completed? . . . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | H. During your ownership, has the property had any wood destroying organism or pest infestation? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | I. Is the attic insulated? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | J. Is the basement insulated? | ||||||
5. SYSTEMS AND FIXTURES | |||||||||
| *A. If any of the following systems or fixtures are included with the transfer, are there any defects? If yes, please explain. | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | Electrical system, including wiring, switches, outlets, and service | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | Plumbing system, including pipes, faucets, fixtures, and toilets | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | Hot water tank | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | Garbage disposal | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | Appliances | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | Sump pump | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | Heating and cooling systems | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | Security system [ ] Owned [ ] Leased | ||||||
| Other . . . . . . . . . . . . | |||||||||
| *B. If any of the following fixtures or property is included with the transfer, are they leased? (If yes, please attach copy of lease.) | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | Security system . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | Tanks (type): . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | Satellite dish . . . . . . Other: . . . . . . | ||||||
| *C. Are any of the following kinds of wood burning appliances present at the property? | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | (1) Woodstove? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | (2) Fireplace insert? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | (3) Pellet stove? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | (4) Fireplace? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | If yes, are all of the (1) woodstoves or (2) fireplace inserts certified by the U.S. Environmental Protection Agency as clean burning appliances to improve air quality and public health? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | D. Is the property located within a city, county, or district or within a department of natural resources fire protection zone that provides fire protection services? | ||||||
6. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | A. Is there a Homeowners' Association? Name of Association and contact information for an officer, director, employee, or other authorized agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, and other information that is not publicly available: | ||||||
| . . . . . . . . . . . . | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | B. Are there regular periodic assessments: | ||||||
| $. . . per [ ] Month [ ] Year [ ] Other . . . . . . . . . . . . | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Are there any pending special assessments? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *D. Are there any shared "common areas" or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? | ||||||
7. ENVIRONMENTAL | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *A. Have there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *B. Does any part of the property contain fill dirt, waste, or other fill material? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *E. Are there any substances, materials, or products in or on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *F. Has the property been used for commercial or industrial purposes? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *G. Is there any soil or groundwater contamination? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *H. Are there transmission poles or other electrical utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *I. Has the property been used as a legal or illegal dumping site? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *J. Has the property been used as an illegal drug manufacturing site? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *K. Are there any radio towers in the area that cause interference with cellular telephone reception? | ||||||
8. MANUFACTURED AND MOBILE HOMES | |||||||||
| If the property includes a manufactured or mobile home, | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *A. Did you make any alterations to the home? If yes, please describe the alterations: . . . . . . . . . . | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *B. Did any previous owner make any alterations to the home? | ||||||
| [ ] Yes | [ ] No | [ ] Don't know | *C. If alterations were made, were permits or variances for these alterations obtained? | ||||||
9. FULL DISCLOSURE BY SELLERS | |||||||||
| A. Other conditions or defects: | |||||||||
| [ ] Yes | [ ] No | [ ] Don't know | *Are there any other existing material defects affecting the property that a prospective buyer should know about? | ||||||
| B. Verification: | |||||||||
| The foregoing answers and attached explanations (if any) are complete and correct to the best of my/our knowledge and I/we have received a copy hereof. I/we authorize all of my/our real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. | |||||||||
DATE . . . . . . . . . . . . | SELLER . . . . . . . . . . . . | SELLER . . . . . . . . . . . . | |||||||
| NOTICE TO THE BUYER | |||||||||
| INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. | |||||||||
II. BUYER'S ACKNOWLEDGMENT | |||||||||
| A. | Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. | ||||||||
| B. | The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party. | ||||||||
| C. | Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. | ||||||||
| D. | This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. | ||||||||
| E. | Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature. | ||||||||